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JAVED IQBAL WANI
Rameez Ahmad Lone – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
Javed Iqbal Wani, J.
1. Through the medium of instant petition quashment of detention order bearing No. 28/DMB/PSA/2021, dated 17.11.2021, (hereinafter for short the 'impugned order') passed against the detenu, namely, Rameez Ahmad Lone, is being sought for by the petitioner as also a writ of Habeas Corpus for his release.
2. It is being stated in the petition that the detenu is a law abiding and peace-loving citizen and has never been involved in any subversive activity prejudicial to the public order or Security of the State. The detenu is stated to have been arrested on 09th of October, 2021 on the allegations of having developed contacts with various terrorist/ secessionist organization to carry out the activities of secessionism. and terrorism and was kept in lockup firstly in Police Station, Bomai and then in SOG Camp Sopore, and thereafter placed under preventive detention in terms of impugned order of detention on 17th of November, 2021 and lodged in Central Jail, Kotbhalwal, Jammu.
3. The impugned order is being challenged on the grounds urged in the petition.
4. On the other hand, respondents, in their reply affidavit filed, resist and controvert the contentions rai
The verbatim reproduction of police dossier in detention grounds indicates non-application of mind by the detaining authority, rendering the preventive detention order invalid.
The Court quashed the detention as it found that there cannot be a greater proof of non-application of mind and that the liberty of a subject being a serious matter, it is not to be tripled with in t....
Preventive detention orders must demonstrate independent reasoning and specificity in grounds to comply with constitutional safeguards under Article 22(5).
Preventive detention orders must demonstrate application of mind by the detaining authority and provide necessary documents to the detenue to ensure effective representation, as mandated by Article 2....
Point of law : A person involved in a criminal case can be detained under the provisions of preventive detention laws provided there are compelling circumstances for doing so otherwise the order of d....
Preventive detention orders must establish a live link between the detenu's activities and the necessity for detention; vague grounds and failure to disclose bail status invalidate such orders.
A detention order cannot be sustained if it relies on grounds that have previously been quashed, and the distinction between 'law and order' and 'public order' is critical in determining the legality....
The main legal point established in the judgment is the requirement for detention orders to be based on specific and non-vague grounds, the need to communicate the grounds of detention in a language ....
Quash of detention order - detention order, as not amounting to effect communication of grounds, and resultant deprivation of the right to make representation against the same.
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