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RAJNESH OSWAL
Mohd. Ayaz alias Shantoo, S/o. Mohd. Iqbal – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
JUDGMENT :
1. The present petition has been filed by the petitioner through his father seeking quashing of the order of detention bearing No. 06 of 2023 dated 10.05.2023 issued by respondent No. 2 under Section 8(1)(a) of the Public Safety Act, 1978 (for short “the Act”) on the following grounds:
(b) That earlier in the year, 2017 also, the petitioner was recommended for detention under the Act but later, the District Administration decided not to detain the petitioner and the petitioner was allowed to face the trials in the criminal cases, in which he had been booked for substantive offences.
(c) That the order of detention of the petitioner is illegal as most of the documents forming part of the dossier/grounds of detention provided to the petitioner were not legible.
(d) That the petitioner had submitted the representation against the order of detention but the same was not decided
The detaining authority must independently apply its mind and ensure the consideration of the petitioner's representation, and the detention order must not be a verbatim reproduction of the dossier c....
Procedural safeguards in preventive detention must be strictly followed; failure to provide documents and delays in representation invalidate detention orders.
The detenu's right to make an effective representation and the necessity of providing all material relied upon for the detention as per Article 22(5) of the Constitution of India.
The failure to consider a detainee's representation and reliance on incorrect information invalidates a detention order under preventive detention laws.
The detention order must include all relevant facts, and the representation submitted by the petitioner must be considered without delay, as per constitutional obligations and relevant Supreme Court ....
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 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....
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