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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Abdul Gani – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
01. The petitioner, through the medium of the present petition, has challenged order No. PSA/173 dated 01.09.2025 (hereinafter to be referred to as “impugned order of detention”) issued by respondent No. 2-District Magistrate, Kathua whereby he has been placed under preventive detention with a view to prevent him from acting in any manner prejudicial to the maintenance of public order and peace.
02. The petitioner has challenged the impugned order of detention on the ground that whole of the material, forming the basis of grounds of detention, has not been furnished to him, which has deprived him from making an effective representation against the impugned order of detention. It has also been contended that the grounds of detention are replica of the dossier of SSP, Kathua. It has also been contended the grounds of detention have not been explained to the petitioner in a language which he understands. It has also been contended that there has been non-application of mind on the part of the detaining authority inasmuch as in the grounds of detention there is no mention of the fact relating to acquittal of the petitioner in as many as three out of six FIRs, wh
Quash of detention order - Non placement of relevant documents by the concerned authorities before the detaining authority, vitiated proceedings.
Preventive detention - Illegal activities - Preventive detention is a deviation from concept of liberty which is sacrosanct to a human life and power of preventive detention is to be exercised with c....
Preventive detention orders must consider the detenu's bail status and communicate grounds in a language understood by the detenu, failing which the order is invalid.
The detaining authority must demonstrate awareness of all relevant facts before issuing a preventive detention order; failure to do so constitutes non-application of mind, rendering the order invalid....
Preventive detention orders must establish a live link between the detenu's activities and the necessity for detention; vague grounds and failure to disclose bail status invalidate such orders.
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