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HIGH COURT OF JAMMU AND KASHMIR
TAJAMUL ISLAM – Appellant
Versus
UNION TERRITORY OF J AND K AND ANR. (HOME DEPARTMENT) – Respondent
JUDGMENT :
1) By the medium of this petition, the petitioner has assailed order of detention bearing No.71/DMK/PSA/2022 dated 27.08.2022, issued by District Magistrate, Kulgam (for brevity “the Detaining Authority”). In terms of the impugned order, Tajamul Islam has been placed under preventive detention in order to prevent him from acting in any manner prejudicial to the security, sovereignty and integrity of the State.
2) The petitioner has contended that there has been non-application of mind on the part of the detaining authority while passing the impugned detention order. It has been further contended that the procedural safeguards have not been complied with in the instant case. It has also been urged that the allegations made against the detenue in the grounds of detention are vague and that whole of the material that formed the basis of the grounds of detention has not been furnished to the detenue. The petitioner has gone on to contend that that at the time when the impugned order of detention was passed, he was already in custody in connection with FIR No.26/2022 for offences under Sections 302 IPC, 7/27 Arms Act, 13, 16, 18, 20, 38, 39 UAP Act of Police Station, D. H. Por
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 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.
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 ....
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....
It is a settled position of law that preventive detention orders can be passed even when a person is in police/judicial custody or involved in a criminal case but for doing so, compelling reasons are....
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....
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 orders must disclose compelling reasons, especially when the individual is already in custody, or they become unsustainable under law.
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