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HIGH COURT OF JAMMU AND KASHMIR
ABDUL HAMEED KHAN – Appellant
Versus
UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT) – Respondent
JUDGMENT :
1) By the instant petition, legality and veracity of the detention order No.08/DMB/PSA of 2023 dated 20.07.2023, issued by District Magistrate, Bandipora (for brevity “Detaining Authority”) is challenged. In terms of the aforesaid order, Shri Abdul Hameed Khan (for short “detenu”) has been placed under preventive detention in order to prevent him from acting in any manner which is prejudicial to the maintenance of public order.
2) The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the grounds of detention are mere reproduction of the dossier. It has been further contended that the procedural safeguards have not been complied with in the instant case. It has been also urged that the material which formed basis of the grounds of detention and the consequent order of detention and the translated version thereof has not been provided to the detenue and that the grounds of detention are vague and cryptic.
3) The respondents, in their counter affidavit, have disputed the averments made in the petition and insisted that the activities of detenue are highly prejudicial to the mainte
The detention order must be based on proper application of mind and the detenue must be provided with the translated version of the material forming the basis of the grounds of detention to enable ef....
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....
The failure to provide a detenue with all materials relied upon for a detention order and to inform him of his right to appeal to the detaining authority constitutes a violation of constitutional rig....
Preventive detention orders must provide sufficient grounds and comply with procedural safeguards; failure to do so can lead to quashment.
Preventive detention orders must demonstrate application of mind by the detaining authority and provide necessary documents to the detenue to ensure effective representation, as mandated by Article 2....
The detenu's right to make an effective representation and the necessity of providing all material relied upon for the detention as per Article 22(5) of the Constitution of India.
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.
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.
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