Back
SINDHU SHARMA
Vishal Kumar Sharma – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. The petitioner has assailed the order of detention No.17 of 2022 dated 10.11.2022 passed by the District Magistrate, Jammu, vide which, the detenu has been detained under 8(1)(a) of the Jammu & Kashmir Public Safety Act, 1978 to prevent him from acting in any manner prejudicial to the maintenance of public order. The said order has been assailed through his father-Vijay Kumar Sharma.
2. The petitioner submits that the detenu has been taken into custody on the basis of the impugned order of detention No.17 of 2022 dated 10.11.2022 passed by the District Magistrate, Jammu which is illegal, arbitrary, malafide being violative of constitutional safeguards available to the detenu.
3. The detention order has been challenged by the detenu on the grounds that; (i) the registration of multiple FIR’s from the year 2014 till 2022 could not have formed the basis for issuance of the detention order, being remote in nature; (ii) their does not exist any proximate and live connection between the acts complained of and the date of detention of order as last FIR was in the month of Aug., 2022 and detention order was passed in the month of Nov., 2022; (iii) the allegations alleged in the
Preventive detention under the Jammu and Kashmir Public Safety Act requires the detaining authority to provide grounds for detention and adhere to procedural safeguards, but the subjective satisfacti....
The detention order must be based on compelling reasons, and the detaining authority must supply all material forming the basis of the detention to enable effective representation. Failure to do so r....
Preventive detention orders must demonstrate awareness of the detenue's custody status and cannot conflate grounds of public order and security of the State; failure to do so invalidates the order.
The necessity to place all material, including orders of granting bail, before the detaining authority to enable them to derive subjective satisfaction for the detention.
The detenue's right to make an effective representation against preventive detention is guaranteed under Article 22(5) of the Constitution of India. Failure to supply the material forming the basis o....
The central legal point established in the judgment is the requirement for the detaining authority to apply independent mind and comply with constitutional guarantees when issuing a detention order u....
Preventive detention is invalid if the individual is already in custody for a substantive offense, emphasizing the necessity for compelling reasons and proper application of mind by the detaining aut....
: Preventive detention – Mere disturbance of law and order leading to disorder is not necessarily sufficient for action under Preventive Detention Laws.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
