IN THE HIGH COURT OF JAMMU &KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR
Bashir Ahmad Mir – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1) By the instant petition, veracity and legality of the detention order No.34/DMB/PSA/2023 dated 15.05.2023, issued by District Magistrate, Baramulla (for brevity “the detaining authority”) has been challenged. In terms of the aforesaid order, Bashir Ahmad Mir son of Mir Zaman Mir resident of Dachi Tehsil Uri District Baramulla (for short “the detenue”) has been placed under preventive detention in order to prevent him from acting in any manner prejudicial to the security of the State.
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 vague, non-existent on which no prudent man can make an effective representation against such allegations. It has been further contended that the Constitutional and Statutory procedural safeguards have not been complied with in the instant case. It has been further urged that there has been non-application of mind on the part of detaining authority while passing the impugned detention order. It has also been contended that whole of the material that formed basis of the grounds of detention has not been furnished to the detenue.
3) Th
Preventive detention orders must be based on recent conduct with a live link to current threats, and failure to provide necessary documentation to the detenue violates procedural safeguards.
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 be based on current and relevant incidents, and failure to supply necessary materials to the detenue renders the 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.
Preventive detention orders must be based on fresh grounds and provide the detenue with all relevant materials to ensure effective representation, as per Article 22(5).
Unexplained delay in executing a preventive detention order and failure to supply necessary material violate constitutional rights, rendering the detention order illegal.
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....
Preventive detention orders must provide specific grounds for effective representation; similarity in language does not imply non-application of mind by the detaining authority.
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 provide all relevant material to the detenue for effective representation; failure to do so renders the order illegal.
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