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M. A. CHOWDHARY
Nazarat Hussain Shah – Appellant
Versus
Union Territory of J&K through Principal Secretary (Home) – Respondent
JUDGMENT :
1. District Magistrate, Rajouri (hereinafter called ‘Detaining Authority’) in exercise of powers under Section 8(1)(a)(i) read with clause(ii) of Sub-section (2) of Section 8 of the Jammu & Kashmir Public Safety Act, 1978 (for short, ‘Act of 1978’), passed the detention Order No. DMR/INDEX/24 of 2023 Dated 14.09.2023 (for short ‘impugned order’), in terms whereof the detenue namely Nazarat Hussain Shah S/O Zabir Shah R/O Plangarh Tehsil Thanamandi, District Rajouri (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 22(5) of the Constitution of India.
3. It is being pleaded in the petition that the detaining authority-respondent No.2 has not attributed any specific allegation against the detenue. Furthermore, it is stated that the detenue has been incapacitated in filing a representation as the grounds of detention are not in a language which could be understood by the detenue. It is also being stated that the neither the petitioner is threat to the public order nor he has committed any such crime which has disturbed the society at large. It is a
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 – 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.
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....
The detention order was invalidated due to non-application of mind, failure to provide material to the detenue, and violation of procedural requirements.
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....
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