RAJNESH OSWAL
Shabnam Begum Th. Jaffer Hussain – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1. The present petition has been filed by the petitioner for quashing the order of detention bearing No. 01/DM/K/PSA of 2022 dated 07.11.2022 passed by the respondent No. 2, whereby the petitioner has been detained under the J&K Public Safety Act, 1978 (for short ‘PSA’).
2. It is stated that the petitioner has been falsely implicated in FIR No. 232/2022 dated 27.09.2022 for commission of offences under Section 363 and 364 IPC registered with Police Station, Kishtwar. The petitioner was granted bail by the court of learned Principal Sessions Judge, Kishtwar vide order dated 31.10.2022 and after her release on bail, was again arrested on 07.11.2022 under the PSA. It is also averred that the petitioner is a widow and mother of 12 years old son. The petitioner has impugned the order of detention on the following grounds:
(ii) That the petitioner submitted the representation dated 18.
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 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....
Procedural safeguards in preventive detention must be strictly followed; failure to provide documents and delays in representation invalidate detention orders.
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....
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....
The failure to consider a detainee's representation and reliance on incorrect information invalidates a detention order under preventive detention laws.
The detaining authority must independently apply its mind and ensure the consideration of the petitioner's representation, and the detention order must not be a verbatim reproduction of the dossier c....
The main legal point established in the judgment is the importance of strict compliance with procedural safeguards in preventive detention cases, including providing the detenue with the whole of the....
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 detaining authority must apply an independent mind and consider all relevant material before issuing an order of detention.
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