Jammu & Kashmir & Ladakh HC Quashes PSA Detention Order Passed Against 'Don Bakra' Murder Case Convict Rajesh Dogra

The Bench of Justice M. A. Chowdhary noted that the detention order dated November 29, 2021 [passed under the Jammu & Kashmir Public Safety Act, 1978], relied upon 7 FIR against Dogra, however, only one among those 7 FIRs had been registered in the year 2020, and the rest were lodged upto the year 2006.

In view of this, the Court opind that almost all the cases against him except one, had no proximity of time with the detention order and the latest FIR of 2020 also did not disclose any heinous offence.

"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 Court further observed.

The Court further noted that he was not provided with copies of charge sheets as well as the material relied upon by the detaining authority under which he had been detained.

"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 court held.

Apart from all the above-mentioned ground, the Court was also of the view that the Detaining Authority had, though communicated to him, his right to represent against the order to him and the government in Urdu/Kashmiri, which he does not understand being Dogra, however, no time limit was communicated to him, within which, he could make a representation to him, till approval of the detention order by the Government.

In view of this, allowing his plea, the Court quashed the detention order passed against him and ordered his release from preventive custody forthwith, as it observed thus:

"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."

Advocate Aseem Sawhney appeared for the petitioner and AAG Amit Gupta, represented the UT of J & K and others.

Case title - Rajesh Dogra @ Mohan Cheer v. UT of J & K & Ors.

Citation: 2022 LiveLaw (JKL) 17

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