HIGH COURT OF JAMMU AND KASHMIR
MR. JUSTICE SANJAY DHAR, J
GHAZI AHMAD BHAT – Appellant
Versus
UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT) – Respondent
JUDGMENT :
1) The petitioner has challenged detention order No.152/DMS/PSA/2022 dated 27.10.2022, issued by District Magistrate, Shopian-respondent No.2 (for brevity “detaining authority”). In terms of the aforesaid order, Ghazi Ahmad Bhat (for short “the detenue”) has been placed under preventive detention and lodged in District Jail, Baramulla, in order to prevent him from indulging in the activities which are prejudicial to the maintenance of security of the UT/Country.
2) The petitioner has contended that the detaining authority has issued the impugned detention order mechanically without application of mind 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, inasmuch as whole of the material which formed basis of the impugned detention order has not been supplied to the
Sophia Ghulam Mohd. Bham V. State of Maharashtra
Ram Krishan Bhardwaj v. State of Delhi
Thahira Haris Etc. Etc. V. Government of Karnataka & Ors.
Jahangirkhan Fazal Khan Pathan vs. Police Commissioner, Ahmadabad
Abdul Razak Nane khan Pathan v. Police Commissioner, Ahmadabad
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.
The failure to supply necessary material for making an effective representation against a detention order violates constitutional rights, rendering the order illegal.
Preventive detention orders must comply with constitutional safeguards, including providing all material for effective representation and considering such representations.
The failure to provide essential documents to a detenue violates Article 22(5) of the Constitution, rendering the detention order 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 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....
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....
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 procedural safeguards, including supplying all relevant materials to the detainee to ensure effective representation.
Preventive detention orders must comply with procedural safeguards, including supplying all material to the detenue for effective representation, as mandated by Article 22(5) of the Constitution.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.