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SANJAY DHAR
Mir Hamza, S/o. Late Sh. Alam Din – Appellant
Versus
Union Territory of Jammu and Kashmir, through its Commissioner/Secretary (Home) Civil Secretariat, Srinagar – Respondent
JUDGMENT :
1. Through the medium of instant petition, the petitioner has challenged order No. PSA/116 dated 09.05.2023 issued by respondent No. 2, District Magistrate, Kathua (hereinafter to be referred as “the detaining authority”), whereby the petitioner, Mir Hamza S/o late Sh. Alam Din, R/o village Bakrak Colony, Tehsil Marheen, District Kathua (for short “the detenue”) has been taken into preventive custody in order to prevent him from causing disruption in pubic peace and tranquility.
2. The impugned detention order has been challenged by the detenue on the grounds that whole of the material forming basis for formulating the grounds of detention has not been furnished to the detenue and as such, the constitutional mandate has not been adhered to by the respondents. It has been further contended that the translated version of the grounds of detention, which are in English language, has not been furnished to the petitioner, who is not well versed with English language. It has been also contended that there is no live and proximate link between the incidents mentioned in the grounds of detention and the object of the respondents to place the petitioner under preventive detention. I
Non-communication of the right to make a representation before the detaining authority and the interchangeability of 'law and order' and 'public order' in the grounds of detention rendered the detent....
The detention under the Jammu and Kashmir Public Safety Act requires compelling reasons, and the detenu has a constitutional right to make a representation against his detention under Article 22(5) o....
The main legal point established in the judgment is the importance of strict compliance with procedural safeguards in preventive detention, including the right to be communicated the grounds of deten....
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....
Preventive detention is invalid if the individual is already in custody for a substantive offense, emphasizing the necessity for compelling reasons and proper application of mind by the detaining aut....
The failure to inform the detaining authority of the rejection of the bail application constituted a significant procedural flaw, invalidating the detention order.
Point of Law : When any person is detained in pursuance of an order made under any law providing for preventive detention, authority making order shall, as soon as may be, communicate to such person ....
Preventive detention orders must demonstrate awareness of the detenue's custody status and cannot conflate grounds of public order and security of the State; failure to do so invalidates the order.
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