Preventive detention order not supplied to dentnue : Violation of constitutional right
Jammu and Kashmir High Court Quashes Preventive Detention Order Against Mohd Waqar Bhatti. Detention order annulled due to failure to communicate statutory rights, non-supply of material grounds, and non-application of mind by the authorities.
In a significant judgment, the Jammu and Kashmir High Court has quashed the preventive detention order against Mohd Waqar Bhatti, a resident of Rajouri, under the Jammu and Kashmir Public Safety Act. The court, presided over by Justice M.A. Chowdhary, found multiple violations of constitutional and statutory rights, leading to the annulment of the detention order originally issued on February 21, 2025.
The petitioner, Mohd Waqar Bhatti, was placed under preventive detention by the District Magistrate of Rajouri to prevent activities prejudicial to public order. However, Bhatti challenged this order through a habeas corpus petition, citing several grounds of illegality and procedural lapses.
One of the primary reasons for quashing the order was the detaining authority's failure to inform Bhatti about his right to file a representation against the detention order, a fundamental safeguard under Article 22(5) of the Indian Constitution. The court emphasized that the non-communication of this right denied Bhatti a fair chance to contest the detention, rendering the order invalid.
Additionally, the court noted that the materials forming the basis of the detention were neither supplied to Bhatti nor explained in a language he understood. This denial of access to crucial information further violated Bhatti's constitutional rights, as it obstructed his ability to mount an effective defense against his detention.
The judgment also criticized the detaining authority for acting mechanically and without applying its mind. The grounds for detention were found to be mere replicas of the police dossier, indicating a lack of independent assessment by the authorities.
The court underscored the importance of adhering to constitutional safeguards, particularly when personal liberty is at stake. It emphasized that preventive detention is a drastic measure that must be strictly scrutinized to ensure compliance with legal standards.
Given these findings, the court ordered the immediate release of Mohd Waqar Bhatti from preventive custody, highlighting that the constitutional and statutory safeguards had been breached, rendering the detention order unsustainable.
Bottom Line:
Preventive detention order quashed due to non-communication of statutory rights to the detenue, non-supply of material grounds, and non-application of mind by the detaining authority.
Statutory provision(s): Article 22(5) of the Constitution of India, Jammu and Kashmir Public Safety Act
