EHTISHAM KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) Challenge in this petition is to the detention order No. 96/DMB/PSA/10 dated 13.04.2010 passed by Respondent No. 2, District Magistrate, Baramulla.

(2.) All the safeguards provided under the provisions of the Public Safety Act have been observed in breach for the following reasons: Before passing the detention, it is mandatory that the District Magistrate has to formulate grounds of detention, which has not been done. It appears that grounds of detention have been prepared by Sr. Superintendent of Police, Baramulla, which is crystal clear from the impugned order. It is apt to reproduce first two lines of the impugned detention order herein: ''Whereas on the basis of grounds of detention placed before me by the Sr. Superintendent of Police Baramulla vide No;-CS/Det/2010-923 dated 09.04.2010.

(3.) District Magistrate has not informed the detenue that he has a right of representation before him and also a right of representation before the Government.