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SINDHU SHARMA
Pankaj Singh – Appellant
Versus
UT of J&K – Respondent
| Table of Content |
|---|
| 1. petitioner challenges detention order. (Para 1) |
| 2. petitioner asserts grounds against detention. (Para 2) |
| 3. respondents defend the detention order. (Para 3) |
| 4. court reviews the lack of consideration of representation. (Para 4 , 5) |
| 5. article 22(5) protections emphasized. (Para 6) |
| 6. supreme court precedent on representation. (Para 7) |
| 7. violation of personal liberty rights noted. (Para 8) |
| 8. previous detention impacts current validity. (Para 9 , 10) |
| 9. safeguards must be observed in detention. (Para 11) |
| 10. non-adherence to safeguards voids detention. (Para 12) |
| 11. detention quashed and release ordered. (Para 13 , 14) |
JUDGMENT :
Sindhu Sharma, J.
1. The petitioner has challenged Order No. 12 PSA of 2022, dated 09.09.2022, passed by the District Magistrate, Jammu, whereby the petitioner has been detained under the Jammu & Kashmir PUBLIC SAFETY ACT , 1978, to prevent him from acting in any manner prejudicial to the maintenance of public order. This order of detention is being assailed by the petitioner through his wife Surbhi Rajput.
2. The detention order has been questioned by the detenu on the grounds that; (i) the same has been passed without any application of mind as th
The detention under the Jammu and Kashmir Public Safety Act requires compelling reasons, and the detenu has a constitutional right to make a representation against his detention under Article 22(5) o....
The detenu's right to make an effective representation and the necessity of providing all material relied upon for the detention as per Article 22(5) of the Constitution of India.
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....
The detaining authority must independently apply its mind and ensure the consideration of the petitioner's representation, and the detention order must not be a verbatim reproduction of the dossier c....
The failure to consider a detainee's representation and reliance on incorrect information invalidates a detention order under preventive detention laws.
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....
Preventive detention requires clear, specific grounds and adherence to procedural safeguards; vague allegations render detention unconstitutional.
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....
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