MOHAMMAD YASEEN SHEIKH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) District Magistrate, Srinagar–respondent no.2 (for brevity "detaining authority"), has, by Order No. DMS/PSA/77/2021 dtd. 20/10/2021, placed Mohammad Yaseen Sheikh @ Basharat S/o Ghulam Mohammad Sheikh R/o Tawheed Abad Methan, Channapora, Srinagar (for short "detenue") under preventive detention, with a view to prevent him from acting in any manner prejudicial to the maintenance of security of the State. It is this order, of which petitioner is aggrieved and throws challenge thereto on the grounds tailored in petition on hand.

(2.) The contention of the petitioner is that the petitioner was not supplied the material, relevant documents relied upon by the detaining authority in the grounds of detention so as to enable the detenue to make proper and effective representation.

(3.) Reply has been filed by the respondents and detention record has also been produced before the Court. A perusal of the detention order reveals that the Senior Superintendent of Police, Srinagar vide his letter dtd. 19/10/2021 has produced material record before the District Magistrate, Srinagar such as dossier and other connecting documents in respect of the detenue. It is also revealed from the record that one Mushtaq Ahmed SI No. 134/CID of DPL Srinagar has executed the PSA warrant against the detenue and contents of PSA warrant one leaf, notice one leaf, grounds of detention two leaves, in total four leaves were read over and explained to the detenue in Urdu/Kashmiri languages which he understood fully. However, the execution report is silent with respect to supplying dossier to the detenue, which as per the impugned detention order has been relied upon by the detaining authority. Non-supplying of the document to the detenue which has been relied upon by the detaining authority while issuing the impugned detention order is clearly violation of mandate of the provisions of the Public Safety Act. Thus, the detention order is required to be set aside on this ground only.