SUMIT SINGH Vs. STATE OF J AND K

JUDGEMENT

(1.) The Petitioner-Sumit Singh has filed this Petition questioning District Magistrate, Samba s order No. 01/PSA of 2010 dated 19.08.2010, whereby he was ordered to be detained in Preventive Custody under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 and for issuance of directions to set him to liberty.

(2.) Appearing for the detenue, his learned Counsel Mr. Kuldip Singh Parihar submitted that the material relied upon by the Detaining Authority was supplied to him only in part and the main document on which the learned District Magistrate had relied upon, i.e., the Police Dossiers submitted by the Senior Superintendent of Police, Samba was not supplied to him. The omission to supply the Police Dossier, according to the learned Counsel, had deprived the detenue of his right to make effective Representation against the Detention to the Government thereby rendering the Detention unconstitutional.

(3.) Learned Counsel further submitted that the grounds relied upon by the learned District Magistrate were stale and irrelevant, in that, in majority of the cases, the Petitioner had either been acquitted or the case compromised and the satisfaction thus recorded by the District Magistrate, based on irrelevant material would render the Detention illegal.