SYED IMTIYAZ HYDER Vs. STATE OF J&K

JUDGEMENT

(1.) Detenue, Syed Imtiyaz Hyder, through his wife, Khatija Syed, has filed the instant petition seeking quashment of the detention order No. DMB/PSA/01 of 2012 dated 04.01.2012

(2.) First it is contended that the order of detention has not been supplied to the detenue. Same position has not been controverted and is furthermore supported by letter dated 04.01.2012, issued by District Magistrate to the detenue informing him that he has been detained under order No. DMB/PSA/01 of 2012 dated 04.01.2012. Copy of the same letter has been send to Superintendent, Central Jail, Srinagar, wherein it is recorded that the copy along with copy of grounds of detention, dossier and other relevant documents on which the grounds are based i.e. FIR, seizure memo be communicated to the detenue against proper receipt. So this letter by itself shows that the order of detention dated 04.01.2012 has not been supplied to the detenue. Effect of non-supply of the order of detention is that the order is vitiated. Same position is settled by this Court in the judgment reported in S.L.J. 1988 346 and S.L.J. 1991364.

(3.) In the judgment rendered by this Court in case Abdul Rashid Saraf v. State & anr,1988 SriLJ 346, it has been held that the non-supply of order of detention has deprived the detenue of his fundamental right to make effective representation.