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MOKSHA KHAJURIA KAZMI
Shahid Ahmad Sheikh @ Ragga – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
MOKSHA KHAJURI KAZMI, J.
1. Through the medium of this Habeas Corpus petition, Order No. DMS/PSA/134/2021 dated 28.02.2022, passed by District Magistrate, Srinagar, whereby detenue, namely, Shahid Ahmad Sheikh @ Ragga S/o Mohammad Akbar Sheikh R/o Panzinara, Shalteng, Srinagar, has been placed under preventive detention with a view to prevent him from acting in any manner prejudicial to the security of the State is sought to be quashed on the grounds taken in the memo of the petition. The impugned order has been passed by the Detaining Authority on the basis of material supplied by Senior Superintendent of Police, Srinagar, vide his Communication No. LGL/Det-3400/2022/3202-05 dated 26.02.2022.
2. The main grounds on which the detention is sought to be quashed are that the communication dated 26.02.2022, issued by respondent No. 3 addressed to respondent No. 3 along with connected material, such as dossier and other material on the basis of which the detention order has been passed, has not been furnished to the detenue. The respondent No. 2 has however, informed the detenue regarding his right to make a representation against the detention order but since no material was fu
The main legal point established in the judgment is that the detenue must be provided with the material on which the detention order is based in order to make an effective representation against the ....
Preventive detention orders must comply with constitutional safeguards, including providing the detenue with all relevant materials to ensure the right to make an effective representation.
Preventive detention orders must comply with procedural safeguards, including supplying all relevant materials to the detainee to ensure effective representation.
The failure to provide essential documents to a detenue violates Article 22(5) of the Constitution, rendering the detention order illegal.
Detention orders must provide sufficient grounds and material to the detenu for effective representation; failure to do so renders the order illegal.
The failure to supply necessary material for making an effective representation against a detention order violates constitutional rights, rendering the order illegal.
Unexplained delay in executing a preventive detention order and failure to supply necessary materials violate constitutional rights, rendering the detention order illegal.
Preventive detention orders must comply with procedural safeguards, including supplying all material to the detenue for effective representation, as mandated by Article 22(5) of the Constitution.
The right to be communicated the grounds of detention and the material on which the grounds are based, as well as the timely disposal of the detenue's representation, are essential procedural safegua....
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