SHAFIQ ALIAS SHAKU Vs. STATE OF J&K

JUDGEMENT

(1.) Shafiq alias Shaku seeks quashing of District Magistrate, Udhampur s Order No. PSA-2011/DMU/JC/05 dated 19.12.2011 whereby he was ordered to be detained under Section 8 of the Jammu and Kashmir Public Safety Act, 1978. Appearing for the detenue, his learned counsel questions the Detention, inter alia, on the ground that having been deprived of his right to represent against his detention to the Government because of Detaining Authority s omission to supply him the material that was relied upon by it in contemplating the Detention, the Detention of Shafiq was unjustified and unconstitutional.

(2.) Considered the submissions of learned counsel for the parties advanced at the Bar and perused the Detention Records produced by the learned Additional Advocate General appearing for the State.

(3.) Perusal of the Detention Records reveals that the detenue was supplied the warrant of detention (1 leaf) and the Grounds of Detention (2 leaves). The material relied upon by the Detaining Authority, as it is so indicated in the Grounds of Detention is, 6 Nos. of FIRs registered at Police Station Udhampur in the years 2006, 2007, 2008 & 2011, besides some records and material. Neither the copies of the FIRs nor the record/material relied upon by the Detaining Authority was supplied to the detenue as it so appears from the receipt executed by the detenue indicating the material that was supplied to him pursuant to his Detention. In the grounds of detention too, barring detail of FIR registered on March 31st, 2006, there is no mention of the allegations appearing in rest of the 5 First Information Reports.