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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Vishal Sharma @ Shooter – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
01. The petitioner, through the medium of the present petition, has challenged the legality and validity of order No. PSA 08 of 2025 dated 17.05.2025 issued by respondent No. 2- District Magistrate, Jammu whereby the petitioner has been placed under preventive detention so as to prevent him from acting in any manner prejudicial to the maintenance of public order.
02. The petitioner has challenged the impugned order of detention on the grounds that the same has been passed mechanically without proper application of mind. It has been contended that in FIR No. 108/2021 of Police Station, Bari Brahmana, the petitioner has been acquitted, as such, the same could not have been relied upon by the detaining authority while passing the impugned order of detention. It has been further contended that at the time of passing of impugned order of detention, the petitioner was already in custody in another FIR, details whereof have not been mentioned in the grounds of detention, as such, the impugned order of detention is vitiated.
03. It has also been contended that allegations leveled against the petitioner in the FIRs, which have been relied upon by the detaining authori
Delay in considering a detenue's representation violates procedural safeguards, rendering the detention order illegal.
Preventive detention orders must provide necessary materials for effective representation and cannot rely on stale incidents without a proximate link to current threats.
Timely consideration of representations in preventive detention cases is essential to uphold the rights of the detenue, as mandated by the Jammu & Kashmir Public Safety Act.
Failure to provide translated grounds of detention and delay in considering representation violates constitutional rights, rendering the detention order illegal.
The failure to consider a detainee's representation and reliance on incorrect information invalidates a detention order under preventive detention laws.
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