BASHIR AHMAD LONE Vs. STATE

JUDGEMENT

(1.) THE subject Bashir Ahmad lone was put under preventive detention on 03 -08 -2001 in execution of detention order 23/DNP dated: 02 -08 -2001 passed by District Magistrate Pulwama. The order and the consequent detention are challenged, as submitted by the counsel, on following two grounds: -

(2.) MR . R.Q. Gadda, GA submits that the detenue has been taken in preventive detention under J&K Public Safety Act only on the basis of grounds of detention and the Memo of grounds of detention has been admittedly supplied to the detenue. The detenue has not complained or made grievance that he has not received the grounds. Reference to FIR, and Seizure of memo is to the extent that the detenue have been booked in FIR No. 199/2K under Section 7/25 I. A. Act registered at Police Station Pulwama, when on his arrest on 06 -07 -2001, one Pistol, and four Pistol rounds were recovered from his possession. No dossier is referred in the grounds. Even the so called dossier or report is sufficiently and substantially reflected in the grounds so as to not to prejudice the detenue. The counsel further submits that the compelling circumstances have been fully given in the ground, not only that the detaining authority was aware of detenueâ„¢s arrest and detention in the regular arms and ammunition recovery case, but also having regard to the "nature of accusations made and other circumstances, the detaining authority had sufficient reason for urgent requirement to detain the detenue under J&K Public Safety Act, in order to prevent him to act in any manner prejudicial to the security of the State.

(3.) IN Mangalbaie Moti Lalaram Patel Vs. State of Maharashtra and Ors. (AIR 1981 SC 510) while focusing on the procedural safeguards and constitutional imperative in the matter of preventive detention, observed: -