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VINOD CHATTERJI KOUL
Mohd. Amin – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. Order of detention No.19/PSA/2022 dated 25.08.2022 passed by District Magistrate Ramban, whereby he in exercise of powers under Section 8 of the Public Safety Act 1978 has directed petitioner to be detained in Central Jail Kot Bhalwal, with a view to prevent him from acting in any manner which is highly prejudicial to the maintenance of the public order has been challenged by the petitioner in this writ petition.
2. The order of detention has been challenged mainly on the grounds that the respondent No. 2 merely on the basis of report of Sr. Superintendent of Police Ramban without application of mind and without evaluating the allegations alleged against him and without supplying the dossier to him proceeded to pass the impugned order whereby he has been detained and lodged at Central Jail Kot Bhalwal. Allegations leveled against him are vague and nothing specific has been stated in the grounds of detention nor compelling reasons have been disclosed and the petitioner on the date of passing of the order of detention was already in the detention of the police since 03.08.2022. Respondent No. 2 had formulated his opinion to detain him on the basis of two FIRs, FIR No. 43/
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....
Detention order quashed - Rights of Detenue - Detenu had a right to move a representation to the detaining authority till detention order is approved. In present case detaining authority has failed t....
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 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.
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 detention under the Jammu and Kashmir Public Safety Act requires compelling reasons, and the detenu has a constitutional right to make a representation against his detention under Article 22(5) o....
The right to be informed of the grounds of detention in a language understood by the detenue is a fundamental constitutional right, and failure to comply with this requirement, along with the lack of....
Non-communication of the right to make a representation before the detaining authority and the interchangeability of 'law and order' and 'public order' in the grounds of detention rendered the detent....
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