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M. A. CHOWDHARY
Sheela Devi @ Sheelo – Appellant
Versus
Union Territory of J&K, through Principal Secretary Home Department – Respondent
JUDGMENT :
1. Divisional Commissioner Jammu (hereinafter called ‘Detaining Authority’) in exercise of powers vested in him as Secretary to Government of J&K, under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act 1988 r/w SRO 247 of 1998 dated 27.07.1998, passed Detention Order No. PITNDPS 45 of 2023 dated 27.09.2023 (for short ‘impugned order’), in terms whereof the petitioner Sheelo Devi @ Sheelo W/O Ram Paul, R/O Chak Drab Khan Tehsil & District Kathua (for short ‘detenue’) has been detained.
2. The impugned detention order has been challenged through the medium of the instant petition, being in breach of the provisions of Article 226 of the Constitution of India. It is being pleaded in the petition that the detention order so passed against the petitioner was not addressed to detenue which shows the callousness and non-application of mind on the part of the detaining authority-respondent No.2; that the petitioner has not committed any offence nor she is involved in the commission of any offence under the NDPS Act which may pose a serious threat to the health and welfare of the people, but the respondents without the application of
The central legal point established in the judgment is the importance of providing the detenue with all the material on which the detention order was based to enable them to make an effective represe....
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 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....
Preventive detention requires a clear link between past conduct and future risk; failure to communicate grounds in an understandable language violates constitutional rights.
The right to be informed of the grounds of detention in a language understood by the detenue is a fundamental constitutional right, and failure to comply with this requirement, along with the lack of....
Preventive detention – In a democracy governed by rule of law, drastic power to detain a person without trial for security of State and/or maintenance of public order, must be strictly construed.
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