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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Aniket Mottan @ Bablu – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
01. The petitioner, through the medium of the present petition, has challenged detention order No. PSA 09 of 2025 dated 04.06.2025 issued by respondent No. 2-District Magistrate, Jammu whereby and whereunder the petitioner Aniket Mottan @ Bablu has been placed under 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 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 been further contended that the basis of grounds of detention is certain FIRs registered against the petitioner, who has already been enlarged on bail in all the FIRs. It has been contended that the detaining authority has not discussed the conditions of bail in the grounds of detention, which makes the impugned order of detention unsustainable in law.
03. It has been contended that the detaining authority has not informed the petitioner the time limit during which he had to make a representation agai
Delay in considering a detenue's representation violates procedural safeguards, rendering the detention order illegal.
Failure to provide translated grounds of detention and delay in considering representation violates constitutional rights, rendering the detention order illegal.
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.
The central legal point established in the judgment is the requirement for prompt consideration and disposal of representations in cases involving the curtailment of an individual's liberty, as guara....
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