Case Law Analysis
|Jammu & Kashmir and Ladakh High Court
Preventive Detention under PSA | Delay Beyond 60 Days in Considering Representation Vitiates Order as Violation of Natural Justice : J&K HC
The J&K High Court has ruled that a delay of over two months in considering a detenu’s representation under the Public Safety Act renders the detention order void, as it violates the mandatory procedural safeguards rooted in Article 21 and the doctrine of natural justice. This sets a critical precedent for all PSA cases, reinforcing that administrative inaction cannot override constitutional rights even in national security contexts.