GH NABI DAR Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER seeks to quash the detention order No. DMS/PSA/53 dated. 19.01.2002 passed by the respondent No.2, District Magistrate, Srinagar, in exercise of powers u/s 8 of J&K Public Safety Act, 1978 (hereinafter called "the Act"), directing preventive detention of the detenu Ghulam Nabi Dar S/o Ali Mohammad Dar R/o Gotapora Ammada Kadal, Lalbazar Srinagar. The detention of the detenu has been confirmed by the Government in exercise of powers u/s 17 of the Act for a period of 24 months.

(2.) THE detenu has challenged the detention order on various grounds including that the material relied upon for directing preventive detention, has not been supplied to the detenu. Grounds of detention have not been supplied and read over to him and he has not been informed to make a representation to the Government against the detention order in terms of Section 13 of the Act. It is also one of the grounds that the subjective satisfaction arrived at by the detaining authority that ordinary criminal will not deter the detenu from such activities, therefore, it is imperative to detain him under the provisions of Public Safety Act, is not sustainable in law.

(3.) RESPONDENTS have filed counter affidavit stating therein, that the detenu was taken into custody in FIR No. 8/ 2002, registered at Police Station, Lalbazar, Srinagar, on 13.01.2002, for the alleged commission of offence under section 13 of Unlawful Activities Act. The detention order has been approved by the Government on 28.01.2002 within the statutory period. The detention order was executed on 8.2.2002. The case of the detenu was referred to the Advisory Board which has submitted its report on 27.3.02 to the Government for continuous detention of the detenu. The detention order has also been confirmed by the Government in terms of Section 17 of the Act vide Government order No. 723/02 dated