GULZAR AHMED MALLA Vs. STATE

JUDGEMENT

(1.) Subject Gulzar Ahmed Malla has been detained under Order No. F/92/DMA/PSA/DET/2001/119-24 dated 11-8-2001 and has been taken in preventive custody on 23-8-2001. This order as also detention is under challenge in this petition.

(2.) Petitioner's Ld. counsel has confined his challenge to the detention on the ground that the material/documents/report referred in the grounds the basis of detention has not been supplied to him, thereby vitiating the detention as he could not make any meaningful and effective representation to Government against the detention. This ground is taken in para 5(d) of the petition.

(3.) The detaining authority has filed counter on his affidavit. In reply to this ground under the head captioned 'grounds', at para C it is stated that the detenu has 'been provided the relevant material sufficient for making representation against the detention order' ....'has been provided the basic material in order to make effective representation." As would be seen from record, what material is sufficient or basic to the detention is not specified anywhere in the para or the counter. So far as perusal of the detention file is concerned it shows that the detention is based on grounds drawn and based on dossier/report of SSP District Anantnag. the record nowhere shows that this report of the dossier was at any stage supplied to the detenu. This is moreso, when grounds are examined, perusal of grounds show that besides introductory facts, subject's history of association with militants and his involvement in militancy related activities till he was arrested and recovery of arms and ammunition effected from him in FIR No. 187/2001 registered at P/S Anantnag, are pressed in service, as grounds of detention. It is only on these grounds that his likelihood of release from custody on bail is stated to make the subject again to indulge in activities prejudicial to the security of the State. The introductory facts and history of the detenu qua militancy as also the recovery of arms and ammunition and registration of the case are all integrated into one whole to form ground for detention. In absence of supply of the report/dossier giving details about the subject's involvement qua militant activities coupled with recovery of arms and ammunition and lodging of the FIR forming the basis for clamping the detention order, detenu cannot be said to be communicated the order with grounds and material. In the circumstances on apprehension that detenu may indulge in activities prejudicial to the security of the State, once let off on bail, would not suffice, Admittedly no material/documents/report and recovery/seizure memo and statement recorded u/S. 161 are provided to detenu.