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HIGH COURT OF JAMMU AND KASHMIR
AMIR RASHID DAR – 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.72/DMK/PSA/2022 dated 27.08.2022, issued by District Magistrate, Kulgam (for brevity “the Detaining Authority”). In terms of the impugned order, Amir Rashid 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. It has also been contended that the representation of the petitioner against the impugned detention order has not been considered by the respondents.
3) The petitioner has contended that the detaining authority has issued the impugned detention order mechanically without application
Preventive detention orders must comply with constitutional safeguards, including providing all material for effective representation and considering such representations.
Failure to supply all material forming the basis of the grounds of detention and non-consideration of the detenue's representation violated Article 22(5) of the Constitution of India, rendering the d....
The failure to supply necessary material for making an effective representation against a detention order violates constitutional rights, rendering the order illegal.
The failure to supply material necessary for making an effective representation against preventive detention violates constitutional rights under Article 22(5), rendering the detention order illegal.
Failure to provide necessary material and communicate representation rejection violates constitutional rights under Article 22(5), rendering detention order illegal.
The detaining authority is required to communicate to the detenue all the material forming the basis of the grounds of detention and must not suffer from non-application of mind on the part of the de....
Detention orders must comply with Article 22(5) of the Constitution, ensuring supply of grounds and consideration of representation; vagueness in grounds renders detention illegal.
Preventive detention orders must comply with constitutional safeguards, including providing the detenue with all relevant materials to ensure the right to make an effective representation.
The failure to provide essential documents to a detenue violates Article 22(5) of the Constitution, rendering the detention order illegal.
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