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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
MR. JUSTICE SANJAY DHAR, J
Shoib Ramzan Tantray – Appellant
Versus
Ut Of J&k – Respondent
| Table of Content |
|---|
| 1. challenge to detention order (Para 1) |
| 2. grounds of detention vague (Para 2) |
| 3. non-application of mind (Para 3 , 4 , 6) |
| 4. detenue is a habitual criminal (Para 5) |
| 5. material not supplied (Para 7 , 8 , 9) |
| 6. petition allowed (Para 10) |
| 7. record be returned (Para 11) |
JUDGMENT :
1) The petitioner has challenged detention order bearing No.09/DMB/PSA/2023 dated 23.02.2023, issued by District Magistrate, Baramulla, in exercise of powers conferred by clause (a) of Section 8 of the J&K Public Safety Act, 1978, whereby the detenue, namely, Shoib Ramzan Tantry has been placed under preventive detention so as to prevent him from indulging in the activities which are prejudicial to the security of the State.
2) It has been contended by the petitioner that the impugned detention order has been passed without application of mind as the grounds of detention are vague, non-existent and stale on 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 has not been provided to the petitioner. It has been further urged that there h
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 have a clear nexus with the alleged activities of the detenue, and the detaining authority must demonstrate application of mind in framing the grounds.
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 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.
Preventive detention orders must provide specific grounds for effective representation; similarity in language does not imply non-application of mind by the detaining authority.
Detention orders must comply with Article 22(5) of the Constitution, ensuring supply of grounds and consideration of representation; vagueness in grounds renders detention illegal.
Preventive detention orders must comply with constitutional safeguards, including the right to effective representation, and failure to provide necessary material renders such orders invalid.
Preventive detention orders must provide all relevant material to the detenue for effective representation; failure to do so renders the order illegal.
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