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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
, J
Bashir Ahmad Rather v. State of J. & K. and Another
| Table of Content |
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| 1. grounds for detention need to be communicated effectively. (Para 1 , 2 , 4) |
| 2. preventive detention must comply with constitutional and procedural guarantees. (Para 6 , 7 , 10) |
| 3. vagueness in detention grounds violates the right to representation. (Para 8 , 9) |
| 4. judicial oversight is essential to prevent misuse of detention laws. (Para 11 , 13) |
| 5. the petition was allowed and the detention quashed. (Para 18) |
1. Detenu '" Bashir Ahmad Rather son of Ghulam Rasool Rather resident of Beehama, Tehsil& District Ganderbal (for short 'detenu') seeks quashment of detention order No.140 - DMG / PSA / 2016 dated 29th September 2016, passed by District Magistrate, Ganderbal (for brevity 'Detaining Authority'), directing preventive detention of detenu, on the grounds detailed in petition on hand.
2. Respondents filed their counter in opposition to the petition and resisted the petition.
3. Heard learned counsel for the parties at length and considered thematter.
4. Learned counsel for petitioner states that detenu was required to besupplied all documents, statements and other material relied upon in the grounds of detention, so as to enable him to make an effective and meaningful r
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