JAVAID AHMAD WANI Vs. STATE

JUDGEMENT

(1.) Impugned is the order No.07/DMK/PSA/2016 dated 01.04.2016, issued by District Magistrate, Kulgam, where-under detenue has been detained and lodged in District Jail, Kathua.

(2.) Learned counsel for the petitioner highlighted the two opening lines of the impugned order of detention which read as under:

(3.) It has to be made clear that for depriving a person of his liberty, which is guaranteed under Art. 21 of the Constitution of India, the important inbuilt safeguards are to be strictly respected. Any infraction of such safeguards renders the order of detention invalid. The Detaining Authority has an obligation to examine the material collected by the police agencies and then to derive subjective satisfaction so as to order detention. In other cases, technical defects may be rectifiable but in preventive detention cases technicalities are to be valued in the background of the object of guarantee to the personal liberty. Base for order of detention is grounds of detention. When the same are not formulated by the detaining authority, same shakes the base, as a result thereof, whole edifice crumbles down.