MANZOOR AHMED KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) THE subject Manzoor Ahmed Khan has been taken in preventive custody on 31.01.2002 pursuant to detention order No. DMS/PSA/34 dated 7.12.2001 by District Magistrate Srinagar (respondent No. 2) detaining authority in this case. This order and the consequent detention is under challenge in this petition. Though number of grounds have been taken to challenge the detention, however counsel for the petitioner urges the lone ground of failure to supply the record relied on by the detaining to draw the subjective satisfaction for this detention and therefore, the counsel submits that the order has not been communicated to the detenu, thereby the order is rendered bad under law.

(2.) COUNSEL for otherside Mr. Tasaduq Khawaja submits that as per para 10 of reply and para 8 of the petition the only material relied is grounds of detention which is supplied to detenu. No other record has been relied, therefore, the detention cannot be said to be vitiated.

(3.) TO appreciate the respective contentions of the Counsel for the parties it would be in place to refer to the pleadings and the detention order itself. Para 8 of the petition reads as under: -