RAJNESH OSWAL
Adil Afzal Lone – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1. The petitioner through the medium of this petition has impugned the order of detention bearing No.DMS/PSA/144/2021 dated 07.03.2022 issued by District Magistrate, Srinagar-respondent No.2.
2. The petitioner, who claims to have been arrested on 02.03.2022, has impugned the order of detention, inter-alia, on the following grounds :
(II) That the petitioner was neither arrested or detained in connection with FIR No.40/2021, 01/2022 nor he was in custody in the year 2018 and 2019 pursuant to the directions of the Executive Magistrate.
(III) That as per the grounds of detention, the petitioner was in custody in FIR No.01/2022 and there was every likelihood of his being enlarged on bail but the petitioner had never applied for bail anywhere.
(IV) That the relevant material relied upon by the detaining authority has not been provided to the petitioner which incapacitated him to make an eff
The detention order can be quashed if it is based on vague allegations, the material relied upon is not provided to the petitioner, and the detaining authority fails to consider the petitioner's repr....
Preventive detention orders must have a clear nexus with the alleged activities of the detenue, and the detaining authority must demonstrate application of mind in framing the grounds.
Preventive detention must comply with Article 22(5) of the Constitution, requiring clear communication of grounds and supporting material to the detenue for effective representation; failure to do so....
The failure to consider a detainee's representation and reliance on incorrect information invalidates a detention order under preventive detention laws.
Detention orders must comply with Article 22(5) of the Constitution, ensuring supply of grounds and consideration of representation; vagueness in grounds renders detention illegal.
Preventive detention orders must comply with constitutional safeguards, including providing all material for effective representation and considering such representations.
The duty of the detaining authority to inform the detenu of his right to make representation against the detention order is a crucial legal principle established in the judgment.
The detention order must include all relevant facts, and the representation submitted by the petitioner must be considered without delay, as per constitutional obligations and relevant Supreme Court ....
Preventive detention requires clear, specific grounds and adherence to procedural safeguards; vague allegations render detention unconstitutional.
Non-consideration of a representation against preventive detention violates Article 22(5) of the Constitution, rendering the detention order illegal.
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