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HIGH COURT OF JAMMU AND KASHMIR
MR. JUSTICE SANJAY DHAR, J
MOIN MATOO – Appellant
Versus
UNION TERRITORY OF J AND K AND OTHERS. (HOME DEPARTMENT) – Respondent
| Table of Content |
|---|
| 1. petitioner seeks writ of habeas corpus (Para 1) |
| 2. petitioner challenges detention order (Para 2 , 3 , 4) |
| 3. material supplied to petitioner (Para 5 , 6 , 7) |
| 4. grounds of detention based on stale incidents (Para 8 , 9 , 10) |
| 5. detention order based on stale incidents (Para 11 , 12) |
| 6. petition allowed; detention order quashed (Para 13 , 14) |
JUDGMENT
1) The petitioner, through the medium of present petition, has sought a Writ of Habeas Corpus for quashing the detention order bearing No.DMS/PSA/25/2023 dated 12.04.2023, passed by District Magistrate, Srinagar (the detaining authority) with a view to prevent him from acting in any manner prejudicial to the security of the State. The order is, purportedly, passed by the detaining authority in exercise of powers conferred under Section 8 of the J&K Public Safety Act, 1978 (the Act of 1978).
2) The impugned order has been assailed by the petitioner, inter alia on the following grounds:
(I) That whole of the material on the basis of which impugned detention order has been passed has not been supplied to the detenue thereby disabling him from making an effective representation against his detention.
(II) That the impugned order o
Preventive detention orders must be based on current and relevant incidents, and failure to supply necessary materials to the detenue renders the order illegal.
Preventive detention orders must be based on fresh grounds and provide the detenue with all relevant materials to ensure effective representation, as per Article 22(5).
Preventive detention orders must be based on recent conduct with a live link to current threats, and failure to provide necessary documentation to the detenue violates procedural safeguards.
The detention order must comply with constitutional safeguards, including the provision of necessary material for an effective representation and cannot be based on stale incidents.
Preventive detention orders must have a clear nexus with the alleged activities of the detenue, and the detaining authority must demonstrate application of mind in framing the grounds.
Preventive detention orders must provide all relevant material to the detenue for effective representation; failure to do so renders the order illegal.
Preventive detention orders must provide specific grounds for effective representation; similarity in language does not imply non-application of mind by the detaining authority.
Preventive detention orders require compelling reasons when the individual is already in custody; failure to supply necessary documents violates the right to make an effective representation.
Point of Law : When any person is detained in pursuance of an order made under any law providing for preventive detention, authority making order shall, as soon as may be, communicate to such person ....
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