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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
MR. JUSTICE SANJAY DHAR, J
Mohd. Iqbal Koka – Appellant
Versus
Ut of J&K – Respondent
JUDGMENT :
1) Through the medium of present petition, the petitioner has assailed detention order bearing No.02/DMA/PSA/DET/2024 dated 11.01.2024, issued by District Magistrate, Anantnag (for brevity "detaining authority"). In terms of the aforesaid order, Mohd Iqbal Koka(" the detenue") has been placed under preventive detention and lodged in Central Jail, Kothbalwal, Jammu, in order to prevent him from acting prejudicially to the security of the State/UT of J&K.
2) The petitioner has contended that the Detaining Authority has passed 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 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 as whole of the material that formed basis of the impugned detention order has not been supplied to the petitioner. It has a
Timely consideration of representations in preventive detention cases is essential to uphold the rights of the detenue, as mandated by the Jammu & Kashmir Public Safety Act.
Delay in considering a detenue's representation violates procedural safeguards, rendering the detention order illegal.
Failure to provide translated grounds of detention and delay in considering representation violates constitutional rights, rendering the detention order illegal.
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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