HIGH COURT OF JAMMU AND KASHMIR
SHAKIR AHMAD THOKER – Appellant
Versus
UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT) – Respondent
JUDGMENT :
1) The petitioner has challenged order of detention bearing No.147/DMS/PSA/2022 dated 25.08.2022, issued by District Magistrate, Shopian - respondent No.2 herein. In terms of the aforesaid order, Shakir Ahmad Thoker (hereinafter referred to as the detenue), has been placed under preventive detention so as to prevent him from acting in any manner prejudicial to security of the UT/Country.
2) The petitioner has contended that the grounds of detention are vague on the basis of which no prudent man can make a representation against such allegations. It has been further contended that the procedural safeguards have not been complied with in the instant case, inasmuch as whole of the material which formed basis of the impugned detention order has not been supplied to the petitioner. It has been further contended that the representation submitted by the petitioner against his detention has not been considered.
3) The respondents, in their counter affidavit, have disputed the averments made in the petition and stated that they have followed the provisions of J&K Public Safety Act. It is contended that the detenue has been detained only after following due procedure; that the ground
Preventive detention orders must comply with procedural safeguards, including supplying all material to the detenue for effective representation, as mandated by Article 22(5) of the Constitution.
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 providing the detenue with all relevant materials to ensure the right to make an effective representation.
The failure to supply necessary material for making an effective representation against a detention order violates constitutional rights, rendering the order illegal.
Preventive detention orders must comply with constitutional safeguards, including providing all material for effective representation and considering such representations.
Preventive detention orders must comply with procedural safeguards, including supplying all relevant materials to the detainee to ensure effective representation.
Failure to provide necessary material and communicate representation rejection violates constitutional rights under Article 22(5), rendering detention order illegal.
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 central legal point established in the judgment is that the failure to supply the whole material to the detenue rendered the detention order illegal and unsustainable, violating his constitutiona....
The detaining authority is required to communicate to the detenue all the material forming the basis of the grounds of detention and must not suffer from non-application of mind on the part of the de....
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