MUMTAZ AHMAD ZARGAR Vs. STATE

JUDGEMENT

(1.) Subject Mumtaz Ahmad Zergar is detained by District Magistrate, Srinagar, Respondent No. 2 under Section8 of the J and K Public Safety Act 1978, in order to prevent him from indulging in any manner prejudicial to the security of the State under his Order No. DMS/PSA/43 dated 17-7-2002. This order and consequent detention, is under challenge in this petition.

(2.) Though number of grounds have been taken to assail the detention, petitioner's counsel submits that the following grounds alone are taken up to question the legality of the detention order.

(3.) First the detenu has not been supplied the material, report and other documents referred in the grounds of detention, when the detaining authority has drawn satisfaction for the detention in question from such on record material/report. Second, the counsel contends, that the detenu has not been informed of his right to make representation while being handed over copy of the detention order. Third, the detention is based on vague and omnibus grounds having happened in distant past, with no proximate link with the detention in question. The detention orders suffers from non application of mind.