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HIGH COURT OF JAMMU AND KASHMIR
MAJID MOHAMMAD RATHER – Appellant
Versus
UNION TERRITORY OF J AND K AND ANR. (HOME DEPARTMENT) – Respondent
JUDGMENT :
1) Majid Mohammad Rather, the detenue, has filed this petition through his mother, namely, Zareefa, seeking a Writ of Habeas Corpus for quashing the detention order bearing No.68/DMK/PSA/2022 dated 07.07.2022, issued by District Magistrate, Kulgam (the detaining authority). The order is purported to have been passed by the detaining authority in exercise of its powers conferred under clause (a) of Section 8 of the J&K Public Safety Act, 1978.
2) The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch 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 the petitioner has not been supplied the translated copies of the grounds of detention which prevented him from making an
Preventive detention orders require compelling reasons when the individual is already in custody; failure to supply necessary documents violates the right to make an effective representation.
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)....
The necessity of compelling reasons for preventive detention, awareness of detainee's existing custody, and prompt consideration of representations under the Jammu and Kashmir Public Safety Act, 1978....
Detention order - detenu did not know English, while the grounds of detention were drawn up in English and an affidavit filed on behalf of the detaining authority stated that while serving the ground....
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 ....
Preventive detention orders must be based on current and relevant incidents, and failure to supply necessary materials to the detenue renders the order illegal.
The right to make representation against detention is a fundamental right, and preventive detention should not be exercised without compelling reasons when the individual is already in custody.
The court established that the right to make an effective representation against preventive detention is fundamental, and failure to provide legible and comprehensible grounds of detention invalidate....
The detention order must provide compelling reasons for the detention, and the grounds of detention should not be a verbatim copy of the police dossier. Additionally, the detaining authority must con....
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