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ALI MOHAMMAD MAGREY, PUNEET GUPTA
Javaid Ahmad Najar – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
Ali Mohammad Magrey, J.
1. The present appeal has been preferred by the detenu, Javaid Ahmad Najar, through his brother, Manzoor Ahmad Najar, against the judgment and order dated 03.02.2022, delivered by a Single Bench of this Court in WP(Crl.) No. 91/2021 in which the detention order No. DMS/PSA/26/2021 dated 24.06.2021, issued by the District Magistrate, Srinagar, was challenged. By virtue of the said detention order, the appellant/detenu was placed under preventive detention in exercise of powers under section 8 of the J&K Public Safety Act, 1978. The said appellant/detenu was ordered to be lodged at Central Jail, Srinagar.
2. Mr. M.A. Qayoom, learned Counsel for the Appellant, submitted that the learned Writ Court, while passing the impugned Judgment, has not appreciated the legal position governing the subject in its true and correct perspective and in tune with the facts of the case. While reiterating the grounds urged in the memo of appeal, the learned Counsel submitted that the detention Order was, primarily, bad in law on the ground that there was no compelling circumstance for the detaining authority to pass the impugned Order of detention when the detenu was alre
A detention order under preventive detention laws must demonstrate compelling reasons for detaining an individual already in custody, and failure to provide relevant materials for representation viol....
: Preventive detention – As per constitutional and statutory mandate, detaining authority is under obligation to supply material/documents forming basis for detention of detenu.
Procedural safeguards under the J & K Public Safety Act must be upheld, including the requirement for adequate communication of grounds for detention to ensure effective representation.
The detaining authority is obligated to supply the detenu with all documents and materials forming the basis for detention, as emphasized by relevant judgments.
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....
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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