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SANJAY DHAR
Mohammad Saleem Parray – Appellant
Versus
Union Territory Of J&K – Respondent
JUDGMENT :
1. By the instant petition, the petitioner has sought quashment of order No.03/DMB/PSA of 2022 dated 07.04.2022, issued by District Magistrate, Bandipora (for brevity “Detaining Authority”). In terms of the aforesaid order, Mohammad Saleem Parray son of Mohammad Ramzan Parray resident of Khos Mohalla Hajin Tehsil Hajin District Bandipora (for short “the detenu”) has been placed under preventive detention in order to prevent him from acting in any manner prejudicial to the maintenance of public order.
2. The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the grounds of detention are mere reproduction of the dossier. It has been further contended that the Statutory procedural safeguards have not been complied with in the instant case as whole of the material that formed basis of the grounds of detention and the consequent order of detention has not been provided to the detenue and that there has been total non-application of mind on the part of the detaining authority while passing the impugned detention order.
3. The respondents, in their counter affidavit, have disputed the
Preventive detention orders must demonstrate application of mind by the detaining authority and provide necessary documents to the detenue to ensure effective representation, as mandated by Article 2....
The detention order must be based on proper application of mind and the detenue must be provided with the translated version of the material forming the basis of the grounds of detention to enable ef....
Point of law : A person involved in a criminal case can be detained under the provisions of preventive detention laws provided there are compelling circumstances for doing so otherwise the order of d....
The detaining authority must apply subjective satisfaction and prepare grounds of detention independently, considering the potential impact of the detenu's activities on 'law and order', 'public orde....
Preventive detention orders must be based on recent conduct with a live link to current threats, and failure to provide necessary documentation to the detenue violates procedural safeguards.
The detention order must comply with constitutional safeguards, including the provision of necessary material for an effective representation and cannot be based on stale incidents.
The main legal point established in the judgment is the importance of procedural safeguards and the detenue's right to be provided with the whole material on which the detention order is based in pre....
Preventive detention orders must disclose compelling reasons, especially when the individual is already in custody, or they become unsustainable under law.
Preventive detention orders must demonstrate independent reasoning and specificity in grounds to comply with constitutional safeguards under Article 22(5).
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