IN THE HIGH COURT OF JAMMU &KASHMIR AND LADAKH AT SRINAGAR
MR. JUSTICE SANJAY DHAR, J
Zahid Nisar Hajam – Appellant
Versus
U T Of J&k – Respondent
JUDGMENT :
1) By the instant petition, the petitioner has challenged the veracity and legality of the detention order No.173/DMS/PSA/2023 dated 17.07.2023 issued by District Magistrate, Shopian (“the detaining authority”). In terms of the aforesaid order, Zahid Nisar Hajam S/o Nisar Ahmad Hajam R/o Sindu Shirmal Tehsil Keegam District Shopian (“the detenue”) has been placed under preventive detention and lodged in District Jail, Baramulla, in order to prevent him from indulging in the activities which are prejudicial to the security of the UT/Country.
2) The petitioner has contended that the detaining authority has issued the impugned detention order mechanically without application of mind as the allegations mentioned in the grounds of detention have no nexus with the detenue and that the same have been fabricated by the police in order to justify its illegal action of detaining the detenue. It has been contended that the grounds of detention are vague, non-existent 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
Preventive detention orders must comply with procedural safeguards, including supplying all relevant materials to the detainee to ensure effective representation.
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 material necessary for making an effective representation against preventive detention violates constitutional rights under Article 22(5), rendering the detention order illegal.
The failure to supply the material on which the detention was based renders the detention order illegal and unsustainable, violating the detenue's constitutional right guaranteed under Article 22(5) ....
Preventive detention orders must comply with constitutional safeguards, including providing all material for effective representation and considering such representations.
The failure to supply the material on which the detention is based renders the detention order illegal and unsustainable, violating the detenue's constitutional right guaranteed under Article 22(5) o....
Unexplained delay in executing a preventive detention order and failure to supply necessary materials violate constitutional rights, rendering the detention order illegal.
Preventive detention orders must comply with constitutional safeguards, including the right to make an effective representation, which is violated if necessary materials are not provided.
The failure to provide necessary material for effective representation against preventive detention violates Article 22(5) of the Constitution, rendering the detention order illegal.
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