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MOHD. AKRAM CHOWDHARY
Mohd. Usama Bali – Appellant
Versus
UT 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 ('PSA' shortly), passed the detention Order No. 26/PSA of 2022, dated 18.10.2022 (for short 'impugned order'), in terms whereof the petitioner namely Mohammad Usama Bali S/o Rehmatullah Bali R/o Mundkhal Pogal, Tehsil Pogal Paristan (Ukhral), District Ramban (for short 'detenue'), has been detained.
2. The impugned detention order has been challenged through the medium of the instant petition, allegedly having been passed in breach of the provisions of Article 22(5) of the Constitution of India read with Section 13 of the J&K Public Safety Act, 1978.
3. It is being pleaded in the petition that the detaining authority-Respondent No. 2 has not attributed any specific allegation against the detenue; that the Detaining Authority has deliberately and intentionally preferred not to inform the petitioner that he can make representation to the Detaining Authority also and if the Detaining Authority would have provided all the materials and informed the petitioner about the right to make a rep
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 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....
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 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....
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....
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 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....
The detention order was invalidated due to non-application of mind, failure to provide material to the detenue, and violation of procedural requirements.
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