Back
MOHD. AKRAM CHOWDHARY
Tanveer Ahmed @ Jimmy – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
MOHD. AKRAM CHOWDHARY, J.
1. District Magistrate, Ramban (hereinafter called 'Detaining Authority') in exercise of powers under section 8 of the Jammu and Kashmir Public Safety Act, 1978, passed the detention Order No. 14/PSA of 2022, dated 04.06.2022 (for short 'impugned order'), in terms whereof the detenue namely Tanveer Ahmed @ Jimmy S/o Bashir Ahmed R/o Near Bus Stand Banihal, Tehsil Banihal District Ramban (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 read with Section 13(1) of the J&K Public Safety Act, 1978.
3. The case set up by the petitioner, in the petition, is that detenu was earlier detained in the year, 2019 vide detention Order No. DMR/PSA of 2019/271-76, dated 10.08.2019. The said detention was challenged before the Court by way of petition bearing WP (Crl) No. 89/2019 titled Tanveer Ahmed v. UT of J&K & Ors. However, the said detention order was revoked by the Government vide Govt. Order No. Home/PB- V/973 of 2020, dated 12.04.2020. Another detention order bearing Order No. DMR/PSA of 1653
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....
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, 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....
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....
The detention order was invalidated due to non-application of mind, failure to provide material to the detenue, and violation of procedural requirements.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
