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JAVED IQBAL WANI
Ashiq Hussain Sheikh, S/o. Ghulam Rasool Sheikh, Through Mrs. Tahira Begum – Appellant
Versus
Government of J. &K. , through Financial Commissioner (ACS) Home, Civil Secretariat – Respondent
ORDER :
1. The petitioner herein has thrown challenge to order of detention No. Home/PB-V/1183 of 2023 dated 31.05.2023 (for short “the impugned order”) passed by the respondent 2 herein under and in terms of the provisions of the J&K Public Safety Act, 1978 (for short “the Act of 1978”).
2. The grounds urged in the petition against the impugned order being relevant and significant herein are extracted and reproduced hereunder:-
The court emphasized the need for the Detaining Authority to record compelling reasons necessitating the detention of the detenue and highlighted the constitutional safeguards under Article 22(5).
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 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.
The main legal point established in the judgment is that the detention order under the J&K Public Safety Act was unsustainable due to the non-supply of essential documents, violation of language righ....
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....
Point of Law : The detenu has a right, under Article 22(5), to be furnished with particulars of grounds of his detention, sufficient to enable him to make a representation, which on being considered ....
Point of Law : Preventive detention - Preventive detention cannot be used as an instrument to keep a person in perpetual custody without trial.
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