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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WASIM SADIQ NARGAL
Maqsad Ali Kohli, S/o. Maqsood Ali – Appellant
Versus
Union Territory of J&K, through Principal Secretary to Government Home Department – Respondent
| Table of Content |
|---|
| 1. habeas corpus challenges psa detention. (Para 1 , 2 , 3) |
| 2. vague grounds, non-application, procedural violations alleged. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. lawful preventive detention; material supplied. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. strict safeguards for preventive detention required. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 5. vague grounds prevent effective representation. (Para 31 , 32 , 33 , 34 , 35) |
| 6. verbatim dossier shows non-application of mind. (Para 36 , 37 , 38 , 39 , 40) |
| 7. non-supply of material denies representation right. (Para 41 , 42 , 43 , 44) |
| 8. untranslated grounds invalidate illiterate's rights. (Para 45 , 46 , 47 , 48) |
| 9. stale grounds lack live nexus. (Para 49 , 50 , 51 , 52) |
| 10. procedural lapses vitiate detention order. (Para 53 , 54 , 55 , 56) |
JUDGMENT :
WASIM SADIQ NARGAL, J.
PRAYER
1) The instant petition has been preferred by the detenue through his brother namely Mumtaz Ali Kohli, under Article 226 of the Constitution of India, wherein following reliefs have been sought:
(i) A WRIT OF CERTIORARI, may be issued and the impugned Detention Order passed by the Respondent No, 2 Vide order No. 30/DMB/PSA/2
Preventive detention vitiated by vague grounds lacking specifics, mechanical reproduction of police dossier showing non-application of mind, failure to supply material in understandable language, and....
Preventive detention orders must be based on specific and substantiated grounds, with the detaining authority required to apply its mind independently to the facts of the case, and any significant de....
The main legal point established in the judgment is the requirement for detention orders to be based on specific and non-vague grounds, the need to communicate the grounds of detention in a language ....
Preventive detention requires strict adherence to procedural safeguards; non-compliance leads to quashing of detention orders.
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