Back
WASIM SADIQ NARGAL
Abdul Hamid Khan – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
WASIM SADIQ NARGAL, J.
PRAYER OF THE PETITIONER
1. Instant petition has been filed by the petitioner (hereinafter to be referred as detenue) through his nephew, namely Farooq Ahmad Khan seeking quashment of detention order No. 30/PSA of 2022 dated 18.10.2022 passed by District Magistrate, Ramban, respondent No. 2 herein, whereby the detenue has been detained under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 (hereinafter to be referred as, the PSA) and has been lodged in the Central Jail Kot Bhalwal, besides seeking writ of Mandamus commanding the respondents to release him forthwith and pay him compensation.
ARGUMENTS ON BEHALF OF THE PETITIONER
2. It is specific case of the detenue that he is neither involved nor indulged in any illegal or anti-national activity in his whole life and is a peace loving citizen and believes in the sovereignty and integrity of India. The short submission advanced in this petition by the learned counsel for the petitioner is that order of detention passed by the detaining authority is illegal, arbitrary and without any lawful justification as the whole material which has been relied upon by the detaining authority has not been sup
Preventive detention vitiated by vague grounds lacking specifics, mechanical reproduction of police dossier showing non-application of mind, failure to supply material in understandable language, and....
Preventive detention orders must be based on specific and substantiated grounds, with the detaining authority required to apply its mind independently to the facts of the case, and any significant de....
Preventive detention orders must be based on specific, documented grounds that are communicated to the detainee, ensuring compliance with constitutional safeguards under Articles 21 and 22.
Preventive detention requires clear grounds and sufficient material to justify the detention, ensuring the detainee's right to make an effective representation is upheld.
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 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....
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
