ABDUL HAMID HANGA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Order of detention bearing No. DMS/PSA/142/2010 dated 08.02.2011, passed by District Magistrate, Srinagar, has been confirmed by the Government in exercise of powers vested under Section 17(1) of the J&K Public Safety Act, 1978. Dissatisfied with the order of detention, father of the detenue has filed the instant petition seeking quashment of the same.

(2.) Grounds of detention are suggestive of the fact that the detenue has been involved in activities prejudicial to the maintenance of public order but has been acting very discretely. On 28.6.2010 he was found at Shikargah Hokarsar National Highway leading the unruly mob on way to Sopore and resorted to heavy stone pelting, in the process was photographed. In connection thereof, case had been registered as FIR No. 159/2010 for the commission of offences under Section 148, 149, 336, 341, 353, 427, 307, 435, 120-B RPC, thereafter was arrested on 1.2.2011. Detention of the detenue in the opinion of the Detaining Authority was found necessary.

(3.) First contention of the learned Counsel for the Petitioner is that the detenue has been deprived of making representation because he was furnished only copy of the grounds of detention and the copy of dossier. The material forming base of the dossier has not been furnished to him which is an essential requirement. It is also added that in the grounds of detention, it has been mentioned that the detenue has been actively involved in various activities discretely but no material to support such allegation is available on the record what to speak of furnishing of such material to the detenue. Detenue has every right to represent against the order of detention and to fully explain his position of being innocent.