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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MR. JUSTICE SANJEEV KUMAR, MR. JUSTICE PUNEET GUPTA, JJ
Amjad Khan Son Of Nazir Ahmed – Appellant
Versus
Ut Of Jammu And Kashmir Through Commissioner Secretary To Home Department – Respondent
JUDGMENT :
Sanjeev Kumar, J.
1. This intra-Court appeal is directed against the judgment dated 25.11.2024 passed by the learned Single Judge of this Court ['the Writ Court'] in HCP No. 37/2024 titled 'Amjad Khan vs. vs. UT of Jammu and Kashmir and others’, whereby the Writ Court has declined to set aside the order of detention of the appellant issued by the Divisional Commissioner, Jammu [‘the detaining authority’] vide his No. PITNDPS 19 of 2024 dated 15.02.2024.
2. Before we advert to the grounds of challenge urged by learned counsel appearing for the appellant, it is necessary to notice few relevant facts.
On the basis of some material, such as a dossier and other connected documents, including copies of FIRs registered against the appellant, the Divisional Commissioner, Jammu, vide his communication dated 15.02.2024, ordered the detention of the appellant with a view to prevent him from committing any offence under the Prevention of Illicit Traffic.
3. From a reading of the grounds of detention, it transpires that the activities, which the Detaining Authority found to pose a threat to the health and welfare of the people, are such, in respect of which, the Police Station, Udhampur h
The failure to consider a detenu's representation against preventive detention violates Article 22(5) of the Constitution, rendering the detention order illegal.
Non-consideration of a detenu's representation against preventive detention violates Article 22(5) of the Constitution, rendering the detention unconstitutional.
The court established that strict compliance with procedural requirements in preventive detention laws is essential to protect individual liberties, and any failure to do so renders the detention ord....
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....
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