Jammu & Kashmir & Ladakh HC Quashes PSA Detention Order Passed Against Don Bakra Murder Case Convict Rajesh Dogra
Case: Rajesh Dogra @ Mohan Cheer v. UT of J & K & Ors.
Coram: Justice M. A. Chowdhary
Case No.: WP (Crl) No. 74/2021
Court Observation: “Live and proximate link between the past conduct of the detenue and the imperative need to detain have to be harmonised to rely upon the alleged illegal activities of the detenue,”
“The detenue, thus cannot be said to be provided with whole of the record which based his detention, so as to make an effective representation. The failure on the part of the detaining authority to supply material renders detention illegal and unsustainable,”
“The Reproducing the dossier prepared by the Senior Superintendent of Police, Jammu in the order of detention, almost word by word; nonfurnishing of the whole of the record on which detention order was based; furnishing the material in English and not the language of the detenue; and not informing detenue of his right to make representation before the Detaining Authority within the statutory period, all reflect that the Detaining Authority has not applied its mind to draw the subjective satisfaction to detain the petitioner and detenue has also been deprived of his fundamental right to make effective and meaningful representation against the detention order to the Detaining Authority and the government.”
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