Back
VINOD CHATTERJI KOUL, MOHAN LAL
Fayaz Ahmad Shah @ Fareedi S/o Ghulam Nabi Fareedi – Appellant
Versus
Govt. of J&K – Respondent
JUDGMENT :
Mohan Lal, J
1. This intra-court appeal (LPA under clause 12 of Letters Patent) has been preferred against the judgment and order of single judge dated 16.11.2022 rendered in writ petition bearing WP (Crl) No. 75/2022 titled Fayaz Ahmad Shah V. Government of J&K & Ors., whereby, the detention order bearing No. DMS/PSA/123/2021 dated 28.02.2022 passed by respondent No. 2 under the provisions of J&K Public Safety Act has been upheld.
2. Being aggrieved of and dissatisfied with the impugned judgment dated 16.11.2022, appellant/detainee has assailed it’s legality, propriety and correctness, and has sought it’s quashment on the following grounds:-
The detention under the J&K Public Safety Act can be invalidated if the detaining authority fails to provide essential material to the detainee for making an effective representation, and if the alle....
The judgment emphasizes the importance of preventive detention to safeguard the security of the state and the need for clear grounds and information for the detenue to make representation.
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 main legal point established in the judgment is that the detention order under the J&K Public Safety Act was unsustainable due to the non-supply of essential documents, violation of language righ....
Point of Law : The detenu has a right, under Article 22(5), to be furnished with particulars of grounds of his detention, sufficient to enable him to make a representation, which on being considered ....
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....
The court emphasized the need for the Detaining Authority to record compelling reasons necessitating the detention of the detenue and highlighted the constitutional safeguards under Article 22(5).
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
