Back
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
ARUN PALLI, RAJNESH OSWAL
Nisam-ud-Din Najar – Appellant
Versus
Union Territory of J&K Through Principal Secretary, Home Department, J&K Govt. – Respondent
JUDGMENT :
Rajnesh Oswal, J.
1. The appellant came to be detained pursuant to order of detention bearing No. 15/DMP/PSA/24 dated 04.04.2024, passed by the District Magistrate, Pulwama (respondent No. 2) in exercise of powers under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 (hereinafter referred to as “the Act”). The appellant challenged the said order of detention by way of HCP No. 136/2024, which, however, came to be dismissed by the learned Writ Court vide judgment dated 21.02.2025 (hereinafter referred to as “the impugned judgment”).
2. Being aggrieved of and dissatisfied with the impugned judgment dated 21.02.2025, the appellant has assailed the same on the following grounds: -
(i) That the learned writ Court has failed to consider and properly appreciate the grounds urged by the appellant in the writ petition, thereby rendering the impugned judgment unsustainable in law.
(ii) That the learned writ Court has failed to properly appreciate the contention of the appellant that the order of detention has been passed by respondent No. 2 without due application of mind, inasmuch as the grounds of detention are a verbatim reproduction of the police dossier, thereby vitiatin
The failure to consider a detainee's representation and reliance on incorrect information invalidates a detention order under preventive detention laws.
Preventive Detention - Detention order quashed - If order of detention comes to an end either by revocation or by expiry of period of detention there must be fresh facts for passing a subsequent orde....
Preventive detention orders must provide necessary materials for effective representation and cannot rely on stale incidents without a proximate link to current threats.
Delay in considering a detenue's representation violates procedural safeguards, rendering the detention order illegal.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
