J&K High Court: Accused Must Receive Detention Grounds Within 5 to 15 Days for Effective Representation

The Jammu & Kashmir High Court quashed the preventive detention of Sarfaraz Ahmed under the PITNDPS Act, holding that detaining authorities must inform the accused of the grounds of detention within five days, or fifteen in exceptional cases, to enable prompt representation.

The court found the authorities failed to promptly decide or communicate the rejection of the detainee's representation,  violating statutory and constitutional safeguards.

Relying on the Supreme Court judgment in Sarabjeet Singh Mokha v. District Magistrate, Jabalpur (2021),  the court held that delay or failure to inform of such rejection renders detention illegal and ordered Ahmed's release for breach of Article 22 rights.