ADIL LATIEF MANTOO Vs. STATE OF J&K

JUDGEMENT

(1.) CHALLENGE to order No.DMS/PSA/34/2011 dated 28.09.2011, of District Magistrate, Srinagar respondent No.2 herein, whereby one Shri Adil Latief Mantoo son of Mohammad Latief resident of Bona Mohalla, Fateh Kadal, Srinagar (herein after referred to as 'detenue') has been placed under preventive detention, must succeed for following reason(s):

(2.) ARTICLE 22(5) of Constitution provides a precious and valuable right to a person detained under preventive detention law - J&K Public Safety Act 1978, to make a representation against his detention. It needs no emphasis that a detenue, on whom preventive detention order is slapped, is held in custody without a formal charge and trial. The detenue is held in custody on a mere suspicion that his apprehended activities may be prejudicial to the maintenance of public order or security of the State. ARTICLE 22(5), Constitution of India and Section 13 of the Act, thus make it obligatory for Detaining Authority to provide detenue an earliest opportunity of making an effective and meaningful representation against his detention. The object is to enable the detenue to convince the detaining authority and Government, as the case may be, that all apprehensions regarding his activities are grossly misplaced and his detention is unwarranted. To make the Constitutional and Statutory right available to detenue meaningful, it is necessary that the detenue be informed with all possible clarity what is/are apprehended activity/ies that persuaded detaining authority to make detention order. In case grounds of detention are vague, ambiguous and confusing, the detenue cannot be expected to make a representation against his detention.

(3.) VIEWED thus, the petition is allowed and detention order No. DMS/PSA/34/2011 dated 28.09.2011, passed by the District Magistrate, Srinagar respondent No. 2, directing detention of Shri Adil Latief Mantoo son of Mohammad Latief resident of Bona Mohalla, Fateh Kadal, Srinagar, quashed.