MUSHTAQ AHMAD GANAI Vs. STATE

JUDGEMENT

(1.) Mushtaq Ahmad Ganai @ Waheed S/o Late Ghulam Hassana Ganai R/o Naroo Ichgam District Budgam (referred to as detenu) is seeking quashment of detention order bearing No. PSA/DMB/2009/166 dated 04.09.2009 passed by the District Magistrate Budgam (respondent No. 2) under J & K Public Safety Act, 1978 (for short to be referred to as Act) through the medium of instant petition filed by his wife Mst. Shakeela. Although many grounds have been taken for the quashment of the impugned order, but Mr. Qayoom, learned Counsel for the petitioner, in his wisdom, has questioned its sustainability primarily on the ground of non-supply of required/sufficient material to the detenu referred to in the grounds of detention (Annexure-B) depicting the entire flashback of his activities at different stages right from year 1990 upto the stage of registration of latest FIR No. 127/2009 at Police Station Chadoora under Sections 457, 392 RPC and 7/25 I.A. Act. He submits that non-supply of the said material has deprived him of making an effective representation before the concerned authority projecting his bona fides and this is violative of Article 22(5) of the Constitution of India.

(2.) Dwelling upon his arguments, Mr. Qayoom further submits that since the detenu was in jail and had no access even to his own documents, therefore, detaining authority should have supplied each and every document to him referred to in the grounds of detention. He then submits that irrespective of the fact that the detenu already knows the contents of the material reflected to in the grounds of detention still it is incumbent upon the detaining authority to supply all the relevant material, which exercise is admittedly not done in the present case. Therefore, on this sole ground, the detention order deserves to be quashed.

(3.) In support of his arguments, Mr. Qayoom has relied upon the following two judgments handed down by the Apex Court: