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IN THE HIGH COURT OF JAMMU &KASHMIR AND LADAKHAT SRINAGAR
SANJAY DHAR
Khursheed Ahmad Waza – Appellant
Versus
Ut Of J&k – Respondent
JUDGMENT :
1) The petitioner has challenged detention order No.13/DMB/PSA/2024 dated 04.04.2024, issued by District Magistrate,Baramulla (for brevity “detaining authority”) has been challenged. In terms of the aforesaid order, Khursheed Ahmad Waza(for short “detenue”) has been placed under preventive detention in order to prevent him from acting in any manner prejudicial to the security of the UT of J&K.
2) The petitioner has contended that the Detaining Authority has passed the impugned detention order 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, inasmuch as whole of the material that formed basis of the impugned detention order has not been supplied to the petitioner. It has also been contended that the representation filed by the petition
Preventive detention orders must provide necessary materials for effective representation and cannot rely on stale incidents without a proximate link to current threats.
Failure to provide translated grounds of detention and delay in considering representation violates constitutional rights, rendering the detention order illegal.
Delay in considering a detenue's representation violates procedural safeguards, rendering the detention order illegal.
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.
Preventive detention must comply with Article 22(5) of the Constitution, requiring clear communication of grounds and supporting material to the detenue for effective representation; failure to do so....
Preventive detention orders must comply with constitutional safeguards, including providing all material for effective representation and considering such representations.
The failure to consider a detainee's representation and reliance on incorrect information invalidates a detention order under preventive detention laws.
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