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M. A. CHOWDHARY
Peerzada Raqif Maqdoomi – Appellant
Versus
Union Territory of J. &K. – Respondent
JUDGMENT :
1. The petitioner, in terms of the detention order No. DMS/PSA/156/2022 dated 25.11.2022 (for short ‘impugned order’), has been detained in the interest of security of the State by respondent No.2 -District Magistrate Srinagar (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.
2. 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. The petitioner has pleaded in the petition 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; 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; that the detaining authority has not prepared the grounds of detention by itself whileas, relied the impugned detention order upon dossier only; that the detaining authority has not furnished the material and o
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 ....
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....
The main legal point established in the judgment is the importance of strict compliance with procedural safeguards in preventive detention cases, including providing the detenue with the whole of the....
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