QURESH AHMAD Vs. STATE OF J&K

JUDGEMENT

(1.) Heard. Considered.

(2.) It is pertinent to point out that as per grounds of detention the involvement of detenue in various FIRs detailed therein has weighed heavily with the detaining authority while slapping detention on the detenue. It was thus necessary for the respondents to provide the detenue copies of FIRs and connected material so as to

(3.) This apart, the detenue has, as per record available, neither been communicated within 10 days from the date of detention, the grounds of detention nor provided an opportunity to make a representation against detention order. The detaining authority also has not informed the detenue that he independent of his right to file a representation against his detention is entitled to make a representation to the detaining authority prior to its approval by the Government. The detention order in question thus does not satisfy requirements of various provisions of J&K Public Safety Act 1978 and also is violative of Constitutional safeguards guaranteed under Article 22(5), Constitution of India.