SHAFIQ AHMAD BEIGH Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner Khurshid Ahmad Beigh, brother of Shafiq Ahmad Beigh seeks to quash the detention order No. DMS/PSA/22 dated: 14.5.2002 passed by District Magistrate, Srinagar in exercise of the powers under section 8 of the J&K Public Safety Act, 1978 (hereinafter to be referred as "the Act") directing preventive detention of the detenu which has been subsequently confirmed by theGovernment for a period of 24 months.

(2.) PETITIONER has challenged the detention order on, various grounds including that the respondents have not provided opportunity to the detenu to appear and defend himself before the Advisory Board. The Board has not recommended the detention of the detenu. Respondents have not informed the detenu to make a representation in terms of section 13 of the Act. The record on the basis, of which the District Magistrate has arrived his subjective satisfaction, such as, documents supplied by the concerned SSP, reference of which has been made in the detention order, has not been supplied to the detenu which amounts to breach of mandate of section 13 of the Act for making effective representation. The detenu was also in the custody of the respondents being arrested, on 18.3.2002 in FIR No. 49/2002 registered in Police Station Raj Bagh and despite that the detaining authority has not disclosed the compelling reasons for his preventive detention.

(3.) RESPONDENTS have filed the counter affidavit controverting the averments and stating that the detention order has been approved by the competent authority and also confirmed in terms of section 17 of the Act. Detention order stood also approved by the Government vide order dated: 22.5.2002 in complaince to section 8(4) of the Act.