The Jammu Kashmir and Ladakh High Court passed a judgement on the 14th of December, 2022 in which the court upheld the petition and quashed the detention order which was passed against the detenue. This was seen in the case of Jehangeer Ahmed Malik vs Union Territory Of J&K & Anr (WP(Crl) No. 205/2021). The case was presided over by The Honourable Mr Justice M A Chowdhary.
FACTS OF THE CASE:
In this case, the district magistrate ordered to detain the petitioner. This order was challenged in the instant petition. The grounds were that there was no specific allegation against the detenue. He also challenged that the order was given in a language that he couldn’t understand. This shows that there was clearly a violation of the rights of the detenue. Further, the detenue was bailed out but he wasn’t released and this fact was not mentioned in the grounds of detention.
Respondents in their counter affidavit stated that the petitioner was detained for security reasons because as he had been let free then in every likelihood he would have indulged in anti-national activities. They also contended that the orders were explained to the detenue in a language that was fully understood by him.
The court’s findings showed that the detaining authority has taken note of stale instances rather than recent ones. Moreover, the detainee was not provided with relevant records on which he was detained and the records were not explained to him. It was thus proved that the respondents have not observed the safeguards which were available to the detainee, rendering his detention illegal and unsustainable. Thus, the impugned order was liable to be quashed. The court directed to release the detenue provided he was not required in any case.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
JUDGEMENT REVIEWED BY KRITI GUPTA