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VINOD CHATTERJI KOUL, MOHAN LAL
Muntizir Ahmad Mir, S/o Bashir Ahmad Mir – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
Mohan Lal, J
1. This intra-court appeal (LPA under clause 12 of Letters Patent) is directed against the judgment and order dated 31.03.2023 rendered by the Ld. Single Judge of this Court in WP(Crl) No. 755/2022 titled Muntizir Ahmad Mir V. Union Territory of J&K & Ors., whereby, petition filed by the appellant for quashing his detention order bearing No. 81/DMP/PSA/22 dated 03.11.2022 passed by respondent No.2 (District Magistrate Pulwama) under the provisions of Jammu & Kashmir Public Safety Act 1978 has been dismissed.
2. Being aggrieved of and dissatisfied with the impugned judgment and order dated 31.03.2023, appellant has assailed it’s legality, propriety and correctness, and has sought it’s setting aside/quashment on the following grounds:-
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.
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 established the importance of providing necessary documents to the detenue and the grounds for preventive detention when ordinary law fails to deter criminal activities.
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....
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....
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