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SINDHU SHARMA
Leaqat Ali – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1. The petitioner has assailed the detention Order No. 32/PSA of 2022 dated 04.11.2022 issued by the District Magistrate, Ramban, in this petition. By virtue of the impugned detention order, the District Magistrate, Ramban, (hereinafter referred to as ‘Detaining Authority’) in exercise of powers under Section 8 of the J&K Public Safety Act, 1978, has placed the Liaqat Ali (hereinafter referred to as ‘detenu’) in preventive custody under the provisions of Public Safety Act to prevent him from acting in any manner prejudicial to the maintenance of public order.
2. The detenu, aggrieved of the detention order, has challenged its legality and validity on the grounds that; (i) there is total non-application of mind by the Detaining Authority while passing the order of the detention, the Detaining Authority has relied on the dossier submitted by SSP, Ramban, without recording its subjective satisfaction; (ii) all the relevant material relied upon by the Detaining Authority while passing the order of detention has not been provided to the detenu enabling him to make an effective representation before the Detaining Authority; (iii) the grounds of detention mentioned in the detent
The detenu's right to make an effective representation and the necessity of providing all material relied upon for the detention as per Article 22(5) of the Constitution of India.
Procedural safeguards in preventive detention must be strictly followed; failure to provide documents and delays in representation invalidate detention orders.
Preventive detention orders must comply with constitutional safeguards, including providing all material for effective representation and considering such representations.
The central legal point established is the importance of promptly communicating the grounds of detention, considering the detenue's representation, and supplying all material relied upon by the detai....
The right to be informed of the grounds of detention and to access all materials relevant to that detention is fundamental under Article 22(5) of the Constitution, and any failure to comply with thes....
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 detenue's right to make an effective representation against preventive detention, as guaranteed under Article 22(5) of the Constitution of India, must be upheld, and failure to supply the materia....
The failure to supply necessary material for making an effective representation against a detention order violates constitutional rights, rendering the order illegal.
The failure to supply material necessary for making an effective representation against preventive detention violates constitutional rights under Article 22(5), rendering the detention order illegal.
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