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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Tariq Hussain – 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. DMR/PSA/08 of 2025 dated 05.06.2025 (hereinafter to be referred to as (“impugned order of detention”) issued by respondent No. 2-District Magistrate, Rajouri 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.
02. The petitioner has challenged the impugned order of detention on the ground that whole of the material, forming 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.
03. It has been contended that the detaining authority has not informed the petitioner about his right to make a representation against the impugned order of detention before the detaining authority. It has been contended that the impugned order of detention has been passed by respondent No. 2 with a view to put the petitioner behind the bars despite having been bailed out by the competent court of law in FIR No. 125/2020 registered against him. It has also been contended that the petiti
The failure to provide a detenue with all materials relied upon for a detention order and to inform him of his right to appeal to the detaining authority constitutes a violation of constitutional rig....
Detention order quashed - Rights of Detenue - Detenu had a right to move a representation to the detaining authority till detention order is approved. In present case detaining authority has failed t....
Non-communication of the detenue's right to make an effective representation to the Detaining Authority until the order of detention is approved by the Government constitutes a violation of the deten....
Preventive detention orders must comply with constitutional safeguards, including providing all material for effective representation and considering such representations.
The failure to supply material necessary for making an effective representation against preventive detention violates constitutional rights under Article 22(5), rendering the detention order illegal.
Failure to inform the detenu of his right to make a representation to the detaining authority renders the detention illegal.
Preventive detention orders must comply with constitutional safeguards, including the right to make an effective representation, which is violated if necessary materials are not provided.
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