BASHIR AHMED MIR Vs. STATE

JUDGEMENT

(1.) One Bashir Ahmed Mir @ Bashmir Molvi S/o Late Mohd Rehmatullah R/o Nathpora Bandipora A/P Allocdhibagh, Srinagar has been ordered to be detained by District Magistrate Srinagar vide order No. DMS/PSA/153/2010 dated 10th Feb. 2011 in exercise of powers conferred on it u/s 8 of Public Safety Act 1978(for short Act of 1978). It is this order which is called in question in this petition.

(2.) Heard Id counsel for parties. Considered the matter.

(3.) Ld counsel for petitioner submitted that the grounds of detention are vague and on such vague grounds no citizen of the State can be deprived of his personal liberty as guaranteed under Article 22 of the Constitution of India. Ld counsel also submitted that the detaining authority while passing the detention order has relied upon the communication of SSP Srinagar and also the material record, such as, dossier and other connected documents, but neither the copy of the dossier has been provided to the detenu nor it has been spelt out as to what are other connected documents, which has prevented him from making representation against the detention order as guaranteed under Article 22(5) of the Constitution of India.