MOHAMMAD SHAFI SHAH Vs. STATE

JUDGEMENT

(1.) In pursuance to order No.DMS/PSA/64/2011 dated 13.3.2012 detenue Mohammad Shafi (alias Dr. Dawood Nissar) has been taken into preventive custody by invoking powers under Section 8 of the J&K Public Safety Act as his activities were found to be prejudicial to the security of the State so has been lodged in District Jail, Kathua. By the instant petition quashment of the said order is sought on various grounds.

(2.) First learned counsel for the petitioner would contend that the order of detention has been passed on the basis of the material produced by SSP, Srinagar before the District Magistrate, such as dossier and other connecting documents as reflected in the order of detention. Neither copy of the letter dated 10.3.2012 as addressed by SSP to the District Magistrate nor the material/documents accompanying such letter has been supplied to the detenue, therefore, detenue has been deprived of making an effective representation against the order of detention. The right guaranteed under Article 22(5) of the Constitution of India, as such, is infringed.

(3.) In opposition learned counsel for the respondents would contend that the material/documents, based on which detaining authority has derived satisfaction for passing the order of detention, have been supplied to the detenue. In support thereof, has produced the detention record which contains the receipt of grounds of detention by the detenue, perusal of which would reveal that the detenue has received the grounds of detention and the order of detention dated 13.3.2012 consisting of five leaves plus eight leaves and one leaf i.e. letter No.DMS/PSA/Jud/375- 78/2011 dated 13.3.2012. It would clearly indicate that the letter of SSP bearing No.Lgl/Det-2783/2012/996-99 dated 10.3.2012 has not been supplied to the detenue and then it is not made clear as to what were those eight leaves which have been supplied to the detenue. Even in the counter affidavit position/detail vis-a-vis eight leaves is not clarified as to what those eight leaves were. So admittedly the material/documents considered by the detaining authority for deriving subjective satisfaction has not been supplied to the detenue.