Back
HIGH COURT OF JAMMU AND KASHMIR
MR. JUSTICE SANJAY DHAR, J
TUFAIL AHMAD MALIK – Appellant
Versus
UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT) – Respondent
| Table of Content |
|---|
| 1. challenge to detention order (Para 1) |
| 2. petitioner's contention on detention (Para 2) |
| 3. respondents' defense of detention (Para 3 , 4 , 5) |
| 4. consideration of representation (Para 6 , 7) |
| 5. delay in representation consideration (Para 8 , 9 , 12) |
| 6. failure to communicate rejection (Para 10) |
| 7. detention order quashed (Para 11) |
JUDGMENT :
1) Through the medium of present petition, the petitioner has assailed detention order bearing No.07/DMA/PSA/DET/2024 dated 01.04.2024, issued by District Magistrate, Anantnag (for brevity "detaining authority"). In terms of the aforesaid order, Tufail Ahmad Malik ("the detenue") has been placed under preventive detention and lodged in Central Jail, Kothbalwal, Jammu, in order to prevent him from acting prejudicially to the security of the State/UT of J&K.
2) The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically 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
Delay in considering a detenue's representation violates procedural safeguards, rendering the detention order illegal.
Timely consideration of representations in preventive detention cases is essential to uphold the rights of the detenue, as mandated by the Jammu & Kashmir Public Safety Act.
Failure to provide translated grounds of detention and delay in considering representation violates constitutional rights, rendering the detention order illegal.
Preventive detention orders must provide necessary materials for effective representation and cannot rely on stale incidents without a proximate link to current threats.
Failure to provide necessary material and communicate representation rejection violates constitutional rights under Article 22(5), rendering detention order illegal.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
