ZAHID LATIEF Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the detenu Zahid Latief through his wife seeking quashment of Order No. DMJ/ PSA/157-61 of 2012 dated 16-11-2012 on various grounds as projected in the petition.

(2.) It is contended that on 19-5-2012, husband of the petitioner (detenu) was arrested by respondent No. 5 in FIR No. 128 of 2012 under Ss. 17, 21 Unlawful Activities (P) Act, and under Ss. 121, 122, 123, RPC and 7/25 Arms Act and he continued to remain in Jail with effect from 19-5-2012 to 15-11-2012.

(3.) The star ground projected by the learned counsel for the petitioner to question the validity of detention order is non-supply of the grounds of detention and other material to the husband of the petitioner by the detaining authority, thus, deprived the detenu of his constitutional right of making an effective representation to the Government against his detention and, thus, detention of husband of the petitioner is illegal being violative of the provisions of Art. 22(5) of the Constitution of India and S. 13 of the Jammu and Kashmir Public Safety Act, 1978.