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SANJAY DHAR
Mohd. Irfan Bhat – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
1. By the instant petition, quashment of Order No. DMB/PSA/17 of 2022, dated 02.06.2022, issued by District Magistrate, Budgam (for brevity “Detaining Authority”) is sought. In terms of the aforesaid order, Shi Mohammad Irfan Bhat son of Mohammad Maqbool Bhat resident of Takiya Wagoora Kreeri Baramulla (for short “detenu”) has been placed under preventive detention and lodged in Kot Bhalwal Jail, Jammu.
2. The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, in asmuch as the grounds of detention are mere reproduction of the dossier. It has been further contended that the Statutory procedural safeguards have not been complied with in the instant case as whole of the material that formed basis of the grounds of detention and the consequent order of detention has not been provided to the detenue and that there has been total non-application of mind on the part of the detaining authority while passing the impugned detention order.
3. The respondents, in their counter affidavit, have disputed the averments made in the petition and insisted that the activities of detenue are high
The failure to provide a detenue with all materials relied upon for a detention order and to inform him of his right to appeal to the detaining authority constitutes a violation of constitutional rig....
The detaining authority is required to communicate to the detenue all the material forming the basis of the grounds of detention and must not suffer from non-application of mind on the part of the de....
Preventive detention orders must comply with constitutional safeguards, including providing all material for effective representation and considering such representations.
The failure to supply necessary material for making an effective representation against a detention order violates constitutional rights, rendering the order illegal.
Failure to supply all material forming the basis of the grounds of detention and non-consideration of the detenue's representation violated Article 22(5) of the Constitution of India, rendering the d....
The failure to supply material necessary for making an effective representation against preventive detention violates constitutional rights under Article 22(5), rendering the detention order illegal.
The detention order must be based on proper application of mind and the detenue must be provided with the translated version of the material forming the basis of the grounds of detention to enable ef....
Detention order quashed - Rights of Detenue - Detenu had a right to move a representation to the detaining authority till detention order is approved. In present case detaining authority has failed t....
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