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HIGH COURT OF JAMMU AND KASHMIR
MR. JUSTICE RAJNESH OSWAL, J
RADHEY SHAM @SHAMU – Appellant
Versus
UT OF J AND K TH. COMMISSIONER SECRETARY TO GOVERNMENT HOME DEPARTMENT AND OTHERS – Respondent
JUDGMENT :
1. This petitioner has challenged the detention Order No. 07/PSA of 2024 dated 26.03.2024 (for short ‘the impugned order’) passed by respondent No. 2 (for short ‘the detaining authority’) under Section 8 of Jammu and Kashmir Public Safety Act 1978 on the following grounds:-
(a) That the alleged incident against the detenue was an offence against an individual, which affected law and order but it does not affect public order.
(b) That the documents provided to the petitioner were not legible, as such, he could not make an effective representation before the authorities against the order of detention.
(c) That the order impugned deserves to be quashed on the ground that the order impugned nowhere mentions that the petitioner had applied for the bail but the same was rejected.
(d) That the petitioner was not informed about his right to make a representation against the order of detention to the detaining authority.
(e) That the petitioner was not informed the grounds of detention in the language understandable by him.
2. Counter affidavit has been filed by respondent No. 2. It is stated that respondent No. 3 requested respondent No. 2 to detain the petitioner in view of his conti
The failure to inform the detaining authority of the rejection of the bail application constituted a significant procedural flaw, invalidating the detention order.
The right to be informed of the grounds of detention in a language understood by the detenue is a fundamental constitutional right, and failure to comply with this requirement, along with the lack of....
Preventive detention is invalid if the individual is already in custody for a substantive offense, emphasizing the necessity for compelling reasons and proper application of mind by the detaining aut....
The central legal point established in the judgment is the requirement for the detaining authority to apply independent mind and comply with constitutional guarantees when issuing a detention order u....
The detention order was invalidated due to non-application of mind, failure to provide material to the detenue, and violation of procedural requirements.
Preventive detention orders must consider the detenu's bail status and communicate grounds in a language understood by the detenu, failing which the order is invalid.
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