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M. A. CHOWDHARY
Zahid Zameer Mir S/o Zameer Ahmad Mir – Appellant
Versus
Union Territory of Jammu & Kashmir through Additional Chief Secretary, Home Department, J&K Govt. , Civil Sectt. Srinagar/Jammu – Respondent
JUDGMENT :
1. Through the medium of the instant petition, the order of detention bearing No. 46/DMK/PSA/2022 dated 25.06.2022 (for short ‘impugned order’) passed by District Magistrate Kulgam- respondent No. 2 (for short ‘Detaining authority’) has been challenged, by virtue of which the petitioner (for short ‘the detenue’) has been ordered to be detained under the provisions of Section 8 of the Jammu & Kashmir Public Safety Act, 1978 (for short ‘the Act’).
2. The case of the petitioner is that the detenue was arrested in the year 2020 and was implicated in cases FIR No.73/2020 and FIR No. 113/2019 registered at Police Station Kulgam for the commission of offences punishable under Sections 307 IPC, 506 RPC, 7/27 A. Act, 13, 16, 20, 398, 39 UAP Act, but was admitted to bail. The detenue was thereafter, called to police station Kulgam in the month of June 2022 and was detained illegally and while being in the custody, he was shifted to Central Jail Jammu to be detained under the provisions of Public Safety Act in terms of the impugned order, which is challenged through the medium of the instant petition.
3. The detenue has challenged the impugned order of detention inter alia on the grou
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 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 – 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 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 requires fresh grounds post-quashing; failure to consider representation in a timely manner renders detention illegal.
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....
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