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HIGH COURT OF JAMMU AND KASHMIR
MOHAMMAD QASIM MANGNOO – Appellant
Versus
UNION TERRITORY OF J AND K AND ANR. (HOME DEPARTMENT) – Respondent
JUDGMENT :
1. The petitioner, in terms of the Detention Order No.160/DMS/PSA/2023 dated 07.02.2023 (for short ‘impugned order’), has been detained in the interest of security of the UT/Country by respondent No.2 -District Magistrate Shopian- (for short ‘Detaining Authority’) in exercise of powers conferred on him under the provisions of Section 8(a) of the J&K Public Safety Act, 1978. The said detention order has been challenged through the medium of the present petition, allegedly being in breach of the provisions of Article 21 as well as Article 22(5) of the Constitution of India.
2. The petitioner has pleaded in the petition that he along-with his relatives (cousins) was arrested on 17.11.2022 by the personnel of SOG Camp Shopian headed by Dy.S.P Operations, without any charges or allegations and detained the detenue for months without producing him before any Judicial or Executive Magistrate or following the procedure as provided under Section 41-A of the Cr.PC and the guidelines issued by Hon’ble Apex Court in this regard. It has been pleaded that the detenue was placed in illegal and wrongful confinement of SOG Police Shopian. It is being contended that the allegations/grounds
Preventive detention requires clear, specific grounds and adherence to procedural safeguards; vague allegations render detention unconstitutional.
The right to be communicated the grounds of detention and to be supplied all the material on which the grounds are based is essential for making a meaningful representation against the detention, as ....
Preventive detention must comply with Article 22(5) of the Constitution, requiring clear communication of grounds and supporting material to the detenue for effective representation; failure to do so....
The right to be informed of the grounds of detention and to access all materials relevant to that detention is fundamental under Article 22(5) of the Constitution, and any failure to comply with thes....
Non-consideration of a representation against preventive detention violates Article 22(5) of the Constitution, rendering the detention order illegal.
The detenu's right to make an effective representation and the necessity of providing all material relied upon for the detention as per Article 22(5) of the Constitution of India.
The main legal point established in the judgment is the importance of strict compliance with procedural safeguards in preventive detention cases, including providing the detenue with the whole of the....
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