Jammu and Kashmir Public Safety Act Archives

Service of grounds of detention in language understood by detenu is a crucial Constitutional Right: J&K High Court

“Communication means imparting to the petitioner sufficient and effective knowledge of the facts and circumstances on which the order of detention is passed and such communication in such language which the petitioner understands.”

Case Briefs High Courts

“Once a statute provides for detention under specific contingency, a person can’t be detained under another contingency”: J&K and Ladakh HC

The Court pointed out that the petitioner could have been detained only under Section 8 (1)(a-1) of the PSA and not under Section 8(1)(a) of the PSA, as both the clauses (a) and (a-1) operate in different fields

Case Briefs High Courts

J&K and Ladakh HC quashes the detention order issued in 2022 based on an FIR registered against a detenue in 2004

The petitioner was detained in June 2022 based on a FIR registered against him in 2004. However, the petitioner had already been acquitted from the charges levied against him in 2004.

Case Briefs High Courts

J&K HC | Failure to communicate ground of detention to detenu is denial of Constitutional right under Art. 22(5); detenu to be released

Jammu & Kashmir High Court: This Habeas Corpus petition was filed before the Bench of Ali Mohammad Magrey, J., for quashing of