HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SINDHU SHARMA
Alex Matoo S/o Kanny Matoo – Appellant
Versus
Union Territory of J&K through its Secretary to Government, Home – Respondent
JUDGMENT :
01. The detenu has challenged Order of Detention No. PSA 20 of 2024 dated 20.08.2024 issued by the District Magistrate, Samba, vide which the detenu was placed under preventive detention with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. The order of detention has been assailed by the detenu through his mother-Sapna.
02. The impugned order of detention has been assailed by the detenu on the grounds that; the Detaining Authority has passed the order of detention without any application of mind. There were no sufficient grounds recorded by the Detaining Authority to justify that the alleged activities of the detenu were threat to public order. The Detaining Authority has not provided all the relevant material relied upon while passing the order of detention to the detenu. This has resulted in violation of all procedural safeguards provided to the detenu rendering the order of detention unsustainable.
03. Counter affidavit has been filed and detention record has also been produced.
04. Learned counsel for the respondents submitted that the detenu has been detained on the basis of police dossier submitted by the SSP Samba dated 2
Preventive detention orders must disclose compelling reasons, especially when the individual is already in custody, or they become unsustainable under law.
Preventive detention orders must be executed promptly and based on clear grounds; failure to do so renders the order invalid.
The detenue's right to make an effective representation against preventive detention is guaranteed under Article 22(5) of the Constitution of India. Failure to supply the material forming the basis o....
Preventive detention under the J&K Public Safety Act is justified when the detaining authority's subjective satisfaction is based on sufficient material indicating potential prejudicial activities.
Point of Law : When any person is detained in pursuance of an order made under any law providing for preventive detention, authority making order shall, as soon as may be, communicate to such person ....
Detention Order quashed - Anti-social and anti-national activities - Preventive detention involves detaining of a person without trial in order to prevent him from committing certain types of offence....
Preventive detention - Exercise of Constitutional and Statutory rights - Detenu cannot be expected to make a meaningful exercise of his Constitutional and Statutory rights guaranteed under Article 22....
Preventive detention requires compelling reasons when the individual is already in custody; failure to consider representation against detention violates constitutional safeguards under Article 22(5)....
Preventive detention is invalid if the individual is already in custody for a substantive offense, emphasizing the necessity for compelling reasons and proper application of mind by the detaining aut....
Preventive detention under the J&K Public Safety Act is justified when the detaining authority's subjective satisfaction is based on sufficient material, and procedural safeguards are strictly follow....
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