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N. KOTISWAR SINGH, MOKSHA KHAJURIA KAZMI
Ab. Majeed Dar – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
MOKSHA KHAJURIA KAZMI, J.
1. The present Letters Patent Appeal (LPA) has been preferred by the detenue, Abdul Majeed Dar, through his wife, Naza Begum, against the judgment and order dated 08.02.2023, rendered by the learned Single Judge of this Court in a habeas Corpus petition [WP (Crl) No. 514/2022], whereby the detention Order No. 27/DMK/PSA of 2022, dated 05.07.2022, passed by the District Magistrate, Kupwara, by virtue of which the appellant had been placed under preventive detention in exercise of powers under Section 8 of the J&K Public Safety Act, 1978 and was ordered to be lodged in District Jail, Bhaderwah, Jammu, was challenged on the ground taken therein.
Brief facts
2. The detenue-appellant herein through his wife has filed a Habeas Corpus Petition (No. 514/2022), challenging his detention Order No. 27/DMK/PSA of 2022, dated 05.07.2022, on the grounds that the detenue was arrested by the Police concerned without any rhyme or reason on 20.06.2022 and was kept in Police Chowki Nagri till 14.07.2022, wherefrom he was shifted and lodged in Police Station, Kupwara on 14.07.2022. Thereafter on 15.07.2022, he was shifted to District Jail, Bhaderwah and detained under
The court established that the right to make an effective representation against preventive detention is fundamental, and failure to provide legible and comprehensible grounds of detention invalidate....
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.
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 – As per constitutional and statutory mandate, detaining authority is under obligation to supply material/documents forming basis for detention of detenu.
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....
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 main legal point established in the judgment is that the detention order under the J&K Public Safety Act was unsustainable due to the non-supply of essential documents, violation of language righ....
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