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RAJESH SEKHRI
Zahoor Ahmad Dar – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. Challenge in this petition has been thrown to a detention order No.07/DMB/PSA of 2022 dated 07.04.2022, passed by District Magistrate Bandipora-respondent No.2, vide which son of the petitioner namely Zahoor Ahmad Dar (the ‘detenue’) has been ordered to be detained and lodged in Central Jail, Kotbalwal, Jammu.
2. The petitioner has questioned the impugned detention order primarily on the ground that since detenue in all the FIRs mentioned in the impugned order has either been admitted to bail or acquitted, and the last alleged activity attributed to the detenue dates back to the year 2016, therefore, there is no proximity of detention of the detenue with the alleged apprehension of the respondents. According to the petitioner, the allegations attributed to the detenue in the grounds of detention are fabricated by the police in order to justify its illegal actions.
3. Besides, the petitioner has assailed the impugned detention order on the conventional grounds that the grounds of detention are vague, non-existent and no prudent man could make effective representation against such allegations; that the very basis of satisfaction recorded by the detaining authority being v
The main legal point established in the judgment is that preventive detention under the Jammu & Kashmir Public Safety Act, 1978 is justified based on the detenue's past conduct and likelihood to enga....
The central legal point established in the judgment is the requirement for the detaining authority to apply independent mind and comply with constitutional guarantees when issuing a detention order u....
Preventive detention orders must be based on specific and substantiated grounds, with the detaining authority required to apply its mind independently to the facts of the case, and any significant de....
Preventive detention orders must be based on specific, documented grounds that are communicated to the detainee, ensuring compliance with constitutional safeguards under Articles 21 and 22.
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....
Preventive detention requires clear grounds and sufficient material to justify the detention, ensuring the detainee's right to make an effective representation is upheld.
The detention order must be based on compelling reasons, and the detaining authority must supply all material forming the basis of the detention to enable effective representation. Failure to do so r....
The court upheld the preventive detention order, affirming that the Detaining Authority's subjective satisfaction was valid and the grounds of detention were adequately communicated to the detenue.
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