MIAN ABDUL QAYOOM Vs. STATE OF J&K &ORS.

JUDGEMENT

(1.) Respondent No. 2 in exercise of powers conferred upon him by Section 8(2) of the J&K Public Safety Act, 1978 (for short "Act of 1978") ordered for the detention of the petitioner (for short "detenu") vide order No. DMS/PSA/29/2010 dated 07.07.2010. Detenu has been ordered to be lodged in sub jail Hiranagar, Jammu and till date he continues to be in the confinement.

(2.) Detention order has been called in question by filing this petition on 09.07.2010 inter alia on the grounds that the grounds of detention are vague, uncertain, ambiguous, cryptic and indefinite; the material referred to and relied upon by the detaining authority has not been furnished to the detenu thus preventing him from making effective representation against the order of detention; copies of the FIRs referred to and relied upon in the grounds of detention have neither been provided nor served upon the detenu; respondent No. 2 has relied upon stale and outdated material for detaining the detenu.

(3.) In the rejoinder affidavit, it is pleaded that respondent No. 3 for malafide reasons has prepared the dossier, which is one of those documents which has become basis for issuing the detention order.