IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR, J
Javaid Ahmad Beigh – Appellant
Versus
Union Territory Of J&k – Respondent
JUDGMENT :
1) By the instant petition, the petitioner has assailed detention order No.158/DMS/PSA/2023 dated 24.01.2023, issued by District Magistrate, Shopian (for brevity “Detaining Authority”). In terms of the aforesaid order, Javaid Ahmad Beigh (“the detenue”), has been placed under preventive detention and lodged in District Jail, Baramulla, in order to prevent him from acting in a manner prejudicial to the security of the UT/Country.
2) The petitioner has contended that the detaining Authority has passed the impugned detention order without application of mind 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 also been urged that whole of the material which formed basis of grounds of detention and the consequent order of detention has not been provided to the detenue and that there has been non- application of mind on the part of detaining authority while passing the impugned order
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 t
Jai Singh and ors. vs. State of J&K
Sophia Ghulam Mohd. Bham V. State of Maharashtra and others
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....
Preventive detention orders must demonstrate independent reasoning and specificity in grounds to comply with constitutional safeguards under Article 22(5).
Preventive detention orders must provide all relevant material to the detenue for effective representation; failure to do so renders the order illegal.
Preventive detention orders must comply with procedural safeguards, including supplying all relevant materials to the detainee to ensure effective representation.
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....
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 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....
Preventive detention orders must have a clear nexus with the alleged activities of the detenue, and the detaining authority must demonstrate application of mind in framing the grounds.
Point of law : A person involved in a criminal case can be detained under the provisions of preventive detention laws provided there are compelling circumstances for doing so otherwise the order of d....
The failure to provide essential documents to a detenue violates Article 22(5) of the Constitution, rendering the detention order illegal.
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