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Issues Involved:
1. Interpretation of Section 8 of the Jammu and Kashmir Preventive Detention Act, 2011. 2. Legality of detention without timely communication of grounds. 3. Validity of delayed declarations under the proviso to Section 8(1) of the Act. 4. Harmonious construction of Sections 8, 10, and 14 of the Act. 5. Fundamental rights under Article 22(5) of the Constitution. Detailed Analysis: 1. Interpretation of Section 8 of the Jammu and Kashmir Preventive Detention Act, 2011: The primary issue in these petitions is the interpretation of Section 8 of the Jammu and Kashmir Preventive Detention Act, 2011. The petitioners argued that they were wrongfully detained under the Act without being provided the grounds for their detention in a timely manner. Section 8(1) mandates that the authority making the detention order must communicate the grounds to the detainee "as soon as may be" and afford them the earliest opportunity to make a representation against the order. The proviso to Section 8(1) allows the government to withhold the grounds if it is against the public interest, but this must be declared by an order. 2. Legality of Detention Without Timely Communication of Grounds: The Court examined whether the detention of the petitioners became illegal due to the delay in communicating the grounds for their detention. It was held that the phrase "as soon as may be" implies that the grounds must be communicated within a reasonable time, which is interpreted as the shortest possible time under the circumstances. The Court emphasized that the period begins from the time the detention order takes effect. 3. Validity of Delayed Declarations Under the Proviso to Section 8(1) of the Act: The government issued declarations under the proviso to Section 8(1) more than two months after the original detention orders, stating it was against the public interest to communicate the grounds. The Court found this delay problematic, as the proviso must be exercised within the same reasonable time frame as the main provision. The Court rejected the argument that there was no time limit for making such declarations, emphasizing that the proviso must be harmoniously construed with the main provision to prevent the detainee from being deprived of their statutory rights. 4. Harmonious Construction of Sections 8, 10, and 14 of the Act: The Court discussed the need for a harmonious construction of Sections 8, 10, and 14 of the Act. Section 10 requires the government to place the grounds of detention before an Advisory Board within six weeks, subject to Section 14, which allows for detention without the Advisory Board's opinion for up to five years in certain cases. The Court held that even in cases where the Advisory Board's opinion is not required, the grounds must still be communicated within the reasonable time frame established by Section 8(1). The Court emphasized that the declaration under the proviso should be made before the time for communicating the grounds expires to ensure the detainee's rights are not prejudiced. 5. Fundamental Rights Under Article 22(5) of the Constitution: The Court noted that the detention of the petitioners violated their fundamental rights under Article 22(5) of the Constitution, which guarantees the right to be informed of the grounds of detention and the right to make a representation against it. The Court found that the delayed declarations deprived the petitioners of these rights, rendering their detention illegal. Conclusion: The Court concluded that the detention of the petitioners became illegal due to the failure to communicate the grounds within a reasonable time and the delayed declarations under the proviso to Section 8(1). The Court allowed the petitions and directed the immediate release of the petitioners. The judgment underscores the importance of timely communication of detention grounds and the need for a harmonious interpretation of statutory provisions to protect fundamental rights.
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