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HIGH COURT OF JAMMU AND KASHMIR
MR. JUSTICE SANJAY DHAR, J
TAWSEEF AHMAD SHEIKH – Appellant
Versus
UNION TERRITORY THROUGH POLICE STATION YARIPORA AND ANR. (HOME DEPARTMENT) – Respondent
| Table of Content |
|---|
| 1. challenge to detention order (Para 1) |
| 2. contention of the petitioner (Para 2) |
| 3. respondents' resistance (Para 3) |
| 4. hearing and record review (Para 4) |
| 5. main thrust of arguments (Para 5) |
| 6. detention record review (Para 6) |
| 7. grounds of detention analysis (Para 7 , 9) |
| 8. contention validation (Para 8) |
| 9. petition allowed (Para 10) |
| 10. return of detention record (Para 11) |
JUDGMENT :
1) The petitioner has challenged detention order No.03/DMK/PSA/2024 dated 07.03.2024, issued by District Magistrate, Kulgam (for brevity “detaining authority”). In terms of the aforesaid order, Shri Tawseef Ahmad Sheikh (for short “detenue”) has been placed under preventive detention in order to prevent him from indulging in the activities which are prejudicial to the security, sovereignty and integrity of the State.
2) The petitioner has contended that the impugned order has been issued without application of mind as the allegations mentioned in the grounds of detention have no nexus with the detenue and that the same have been fabricated by the police in order to justify its illegal action of detaining the detenue. It has been contended that the grounds of detention are vague, non- existent o
Preventive detention orders must comply with constitutional safeguards, including providing the detenue with all relevant materials to ensure the right to make an effective representation.
The failure to provide essential documents to a detenue violates Article 22(5) of the Constitution, rendering the detention order illegal.
Preventive detention orders must comply with constitutional safeguards, including the right to make an effective representation, which is violated if necessary materials are not provided.
Preventive detention orders must comply with constitutional safeguards, including providing all material for effective representation and considering such representations.
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 failure to supply the material on which the detention was based renders the detention order illegal and unsustainable, violating the detenue's constitutional right guaranteed under Article 22(5) ....
Preventive detention orders must comply with procedural safeguards, including supplying all relevant materials to the detainee to ensure effective representation.
The failure to provide the detenue with necessary material for representation renders a preventive detention order illegal and violates constitutional rights.
The failure to supply the material on which the detention is based renders the detention order illegal and unsustainable, violating the detenue's constitutional right guaranteed under Article 22(5) o....
Unexplained delay in executing a preventive detention order and failure to supply necessary materials violate constitutional rights, rendering the detention order illegal.
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