HIGH COURT OF JAMMU AND KASHMIR
MUSAVIR NABI BHAT – Appellant
Versus
UNION TERRITORY OF J AND K AND ANOTHER (HOME DEPARTMENT) – Respondent
JUDGMENT :
1) The petitioner has challenged detention order No.DMS/PSA/109/2021 dated 08.09.2023, issued by District Magistrate, Srinagar- respondent No.2 (for brevity “detaining authority”). In terms of the aforesaid order, Musavir Nabi Bhat (for short “the detenue”) has been placed under preventive detention and lodged in Central Jail, Jammu Kotbhalwal, in order to prevent him from indulging in the activities which are prejudicial to the maintenance of security of the State.
2) The petitioner has contended that the detaining authority has issued the impugned detention order mechanically without application of mind, inasmuch as the procedural safeguards envisaged under Constitution of India have not been complied with. It has been contended that that the grounds of detention are vague, obscure, indefinite and ambiguous on which no prudent man can make a representation against such allegations. It has been further contended that whole of the material which formed basis of the impugned detention order has not been supplied to the petitioner.
3) Upon being put to notice, the respondents appeared through their counsel and filed their reply affidavit, wherein they have disputed the averme
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 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 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.
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.
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....
Preventive detention orders must comply with procedural safeguards, including supplying all relevant materials to the detainee to ensure effective representation.
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....
Non-furnishing of relevant material forming basis of the grounds of detention deprives a detenue of his Constitutional right to make a representation against the order of detention - Denial of this C....
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