SHOWKAT AHMAD GANIE Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Challenge in this petition is thrown to the order bearing No.DMS/PSA/64/2021 dtd. 20/10/2021, issued by District Magistrate, Srinagar(for brevity "Detaining Authority") whereby Shri Showkat Ahmad Ganieson of Abdul Rahim Ganie resident of Old Barzulla, Srinagar (for short "detenue") has been placed under preventive detention and directed to be lodged in District Jail, Kupwara.

(2.) It is being stated in the petition that the detenue is a law abiding andpeace loving citizen and has never involved in any subversive activityprejudicial to the public order or security of the State. The detenue isstated to have been arrested in the second week of October, 2021 and was taken to Police Station, Saddar, and while being in custody came to bedetained under preventivecustodyby therespondentsin termsofimpugnedorder.

(3.) The impugned order is being challenged on the grounds inter-alia thatdetenue had not beenprovided copies of the relevant material like copy of dossier or any other material which formed the basis of the grounds of detention, thus depriving him to file an effective representation againsthisdetention.Thesaidfailureisstatedtohaveinfringedtheconstitutional right of the detenue guaranteed under Article 22 (5) oftheConstitutionof India.