The failure on the part of the detaining authority to supply the material, relied on at the time of making the detention order, to the detenue, 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 11th of January, 2023 in which the order of preventive detention against the petitioner was quashed by the court. This was seen in the case of Arif Ahmad Sheikh and Others vs Union Territory of J&K and others (WP(Crl) No. 141/2022). The case was presided over by The Honourable Mr Justice Moksha Khajuri Kazmi.
FACTS OF THE CASE:
The order of preventive detention was passed against the district magistrate which was sought to be quashed. The main grounds on which the detention is sought to be quashed are that the grounds of detention are vague, indefinite and cryptic and there is no specific allegation against the detenue. The respondents make mention of an FIR but the said FIR does not specify as to how the detenue is involved in the said FIR. The detenue stands already bailed out in the mentioned FIR by the Court of Additional Sessions Judge.
Respondents have filed a counter affidavit, stating that the activities of the detenue are highly prejudicial to the security of the State and, therefore he at large is a threat to the security of the State.
From the perusal of the “Execution Report,” it was crystal clear that detenue has been provided only 05 leaves, i.e, detention order, notice, and grounds of detention but has not been provided with the dossier and the other relevant material.
JUDGEMENT:
The court said that the detenue was not supplied the material, on which the detention order is based, hence he was not in a position to make an effective representation against his detention order. Based on the above discussion the petition was disposed of and the detention order against the detenue was quashed. The respondents were directed to release the petitioner at liberty provided he is not required in any other case.
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JUDGEMENT REVIEWED BY KRITI GUPTA