NAZIR AHMAD Vs. STATE

JUDGEMENT

(1.) The Constitution of India - Article 22(5) guarantees following two important rights to a person detained under a Preventive Detention Law:

(2.) Both the rights guaranteed under the Constitution, according to the petitioner have been violated in case of Nazir Ahmad Son of Sh. Ali Mohammad Resident of Bathoi Tehsil Mahore, District Reasi (herein after referred to as "detenue"), placed under preventive detention by District Magistrate -- respondent No. 2 herein vide Order No. DM/Index/312 dated 14.05.2009. The petitioner - father of the detenue, it need no emphasis, is interested in his life and liberty. The grounds urged in the petition are controverted by the respondents in their reply affidavit.

(3.) I have gone through the petition, counter affidavit filed by the respondent No. 2, as also detention record made available by Counsel for the respondents. I have heard Counsel for the parties.