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M. A. CHOWDHARY
Zameer Ahmad Wagay – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. The petitioner, in terms of the detention order No. 11-DMG-PSA-2022 dated 12.04.2022 (for short ‘impugned order’), has been detained in the interest of security of the State by respondent No.2-District Magistrate Ganderbal - (for short ‘detaining authority’) in exercise of powers conferred on him under the provisions of Section 8 of the J&K Public Safety Act, 1978. The said detention order has been challenged through the medium of present petition, allegedly being in breach of the provisions of Article 22(5) of the Constitution of India.
2. The petitioner has pleaded in the petition that the detenue was arrested by the police without any justification and was placed in illegal confinement. It is being contended that the allegations/grounds of detention are vague and mere assertions of the detaining authority and no prudent man can make an effective representation against these allegations. Furthermore, it is stated that the allegations whose mention is made in the grounds of detention have no nexus with the detenue and have been fabricated by the police in order to justify its illegal action of detaining the detenue. In addition, it is stated that the detaining authorit
The right to be communicated the grounds of detention and to be supplied all the material on which the grounds are based is essential for making a meaningful representation against the detention, as ....
The right to effective representation and the necessity of providing all material on which the detention is based are crucial for upholding the constitutional and statutory safeguards against detenti....
Preventive detention requires clear, specific grounds and adherence to procedural safeguards; vague allegations render detention unconstitutional.
Preventive detention must comply with Article 22(5) of the Constitution, requiring clear communication of grounds and supporting material to the detenue for effective representation; failure to do so....
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....
Detention order quashed - Rights of Detenue - Detenu had a right to move a representation to the detaining authority till detention order is approved. In present case detaining authority has failed t....
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