If the detenu is not supplied with the material, on which the detention order is based, he will not be in a position to make an effective representation against his detention order. Failure on part of detaining authority to supply material relied upon at the time of making the detention order to detenu, renders the detention order illegal and unsustainable: Jammu Kashmir and Ladakh High Court

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.


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.

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