ZAHID NAZIR DAR Vs. UNION TERRITORY OF JK

JUDGEMENT

(1.) In the instant Habeas Corpus petition, the petitioner has assailed the detention order No. 09/ DMK/PSA/2022 dtd. 29/3/2022, passed by respondent No. 2- District Magistrate, Kulgam (for short 'the detaining authority'), whereby one Zahid Nazir Dar S/O Nazir Ahmad Dar R/O Dar Mohalla Kujar Yaripora, District, Kulgam, (for short detenue), has been detained under the provisions of J&K Public Safety Act, 1978.

(2.) The detenue came to be detained by respondent No. 2 on the basis of communication dtd. 18/3/2022, addressed to respondent No. 3 whereby the material/ record, such as dossier and other connected documents in respect of the detenue have been produced before respondent no.3. However, neither copy of said communication nor any other document has been furnished to the detenue to enable him to make an effective representation; the detenue is shown to be involved in FIR No. 34/2020 of Police Station Yaripora, in which he has already been bailed out by the court of competent jurisdiction; the detenue after a period of about two years has again been arrested on the basis of the same FIR and directed to be lodged in Central Jail, Srinagar wherefrom he has been shifted to Central jail, Varanasi, UP; the detenue was informed about his detention by way of communication dtd. 29/3/2022 and has been asked to make a representation to the Govt/Detaining Authority against his detention, if he so desires; the order of detention has to remain valid for 12 days as provided by Sec. 8(4) of the Act, unless same is approved by the Government within the said period and it is during the period of those 12 days that a representation can be made by the detenue before the District Magistrate. Therefore, the detenue has to be told to make a representation within a period of 12 days from the date of his detention, however in the communication dtd. 29/3/2022, detenue has not been informed that he can make a representation within a period of 12 days from the date of passing of the order of detention, therefore, a valuable right of the detenue stands defeated by the Detaining Authority.

(3.) Though the petitioner has challenged the detention order on various grounds, but the main ground of challenge is regarding the non-consideration of his representation filed against the detention order.