Preventive detention orders passed after unexplained delay are unsustainable: Jammu and Kashmir High Court

"Old and stale incidents shall be of no use to order detention", the Court reiterated, quoting the Supreme Court ruling in Sama Aruna v. State of Telangana & Anr.
Jammu and Kashmir High Court
Jammu and Kashmir High Court

The High Court of Jammu and Kashmir and Ladakh recently ruled that a failure to explain a delay in passing a preventive detention order, which does not have a live or proximate link to the detenue's past conduct, renders such a detention order unsustainable in law [Tariq Ahmad Wagay V/S UT of Jammu and Kashmir].

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