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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
MR. JUSTICE SANJAY DHAR, J
Jahangir Ahmad Malik – Appellant
Versus
Ut Of J&k – Respondent
| Table of Content |
|---|
| 1. detention order challenged (Para 1) |
| 2. grounds of detention vague (Para 2 , 3 , 4) |
| 3. representation not considered (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. petition allowed (Para 11) |
| 5. detention record returned (Para 12) |
JUDGMENT :
1) Through the medium of present petition, the petitioner has assailed detention order bearing No.169/DMS/PSA/2023 dated 17.07.2023, issued by District Magistrate, Shopian (for brevity "detaining authority"). In terms of the aforesaid order, Jahangir Ahmad Malik son of Abdul Rahim Malik resident of Pehlipora Pinjoora Tehsil Shopian District Shopian (for short "detenue") has been placed under preventive detention and lodged in District Jail, Baramulla.
2) The petitioner has contended that the allegations mentioned in the grounds of detention have no nexus with the detenue and that the grounds of detention are vague, non-existent, on the basis of which no prudent man can make an effective representation. It has been further contended that the procedural safeguards have not been complied with in the instant case, inasmuch as whole of the material that formed basis of the impugned detention order has not been supplied to the petitioner. It has been als
Failure to provide necessary material and communicate representation rejection violates constitutional rights under Article 22(5), rendering 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.
Preventive detention orders must comply with constitutional safeguards, including providing all material for effective representation and considering such representations.
The failure to provide essential documents to a detenue violates Article 22(5) of the Constitution, rendering the detention order illegal.
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.
Failure to supply all material forming the basis of the grounds of detention and non-consideration of the detenue's representation violated Article 22(5) of the Constitution of India, rendering the d....
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.
Delay in considering a detenue's representation violates procedural safeguards, rendering the detention order illegal.
Failure to furnish all material forming the basis of preventive detention and non-consideration of the detenue's representation against the detention amount to violations of constitutional safeguards....
Preventive detention orders must provide necessary materials for effective representation and cannot rely on stale incidents without a proximate link to current threats.
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