SANJAY DHAR
Manzoor Ahmad Mir – Appellant
Versus
UT OF J&K – Respondent
JUDGMENT :
1) By the medium of instant petition, the petitioner has challenged the legality and veracity of the order No.52/DMP/PSA/2021 dated 18.10.2021, issued by District Magistrate, Pulwama - respondent No.2 herein, in terms whereof, Manzoor Ahmad Mir S/o Gh. Ahmad Mir R/o Kisergam Tehsil Kakapora (hereinafter referred to as the detenue), has been ordered to be taken into preventive custody and lodged in Central Jail, Jammu (Kotbalwal).
2) The petitioner has contended that the detaining authority has passed the impugned detention order mechanically without application of mind, inasmuch as the allegations mentioned in the grounds of detention have no nexus with the detenue and that the same have been fabricated by the police in order to justify its illegal action of detaining the detenue. It has been contended that the grounds of detention are vague, non-existent on which no prudent man can make a representation against such allegations. It has been further contended that the Constitutional procedural safeguards have not been complied with in the instant case, inasmuch as whole of the material which formed basis of the impugned detention order has not been supplied to the petition
Hardhan Saha v. State of W.B (1975) 3 SCC 198
Icchu Devi Choraria v. Union of India
Kamla Kanyalal Khushalaniv. State of Maharashtra
Lulluabhai Jogibhai Patel v. Union of India
Ram Krishan Bhardwaj v. State of Delhi
Rahmatullah Vs. State of Bihar and Ors.
Sophia Ghulam Mohd. Bham V. State of Maharashtra and others (AIR 1999 SC 3051)
Shalini Soni v. Union of India
Thahira Haris Etc. Etc. V. Government of Karnataka & Ors. (AIR 2009 SC 2184).
Failure to furnish all material forming the basis of preventive detention and non-consideration of the detenue's representation against the detention amount to violations of constitutional safeguards....
The failure to provide necessary material for effective representation against preventive detention violates Article 22(5) of the Constitution, rendering the detention order illegal.
The detenue's right to be supplied with all the material forming the basis of his detention, as guaranteed under Article 22(5) of the Constitution of India, is essential for an effective and purposef....
Preventive detention orders must comply with constitutional safeguards, including providing all material for effective representation and considering such representations.
The detention order must comply with constitutional safeguards, including the provision of necessary material for an effective representation and cannot be based on stale incidents.
Failure to supply all material forming the basis of the grounds of detention and non-consideration of the detenue's representation violated Article 22(5) of the Constitution of India, rendering the d....
The failure to supply material necessary for making an effective representation against preventive detention violates constitutional rights under Article 22(5), rendering the detention order illegal.
The failure to supply necessary material for making an effective representation against a detention order violates constitutional rights, rendering the order illegal.
Detention orders must comply with Article 22(5) of the Constitution, ensuring supply of grounds and consideration of representation; vagueness in grounds renders detention illegal.
The detenue's right to make an effective representation against preventive detention, as guaranteed under Article 22(5) of the Constitution of India, must be upheld, and failure to supply the materia....
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