SHAFAYAT AMIN SHAH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India filed by one Shafayat Amin Shah ("the detenu') through his father seeking quashment of his detention order no.113/DMS/PSA of 2022 dtd. 9/4/2022, issued by District Magistrate, Shopian, whereby the detenu has been put under preventive detention with a view to prevent him from acting in any manner prejudicial to the security of the UT/Country.

(2.) The impugned order is assailed by the detenu on the ground that the detaining authority has not shown its awareness as to whether the detenu has applied for the bail or not in connection with case FIR no.130/2020 under Sec. 20, 23, 38, 39 ULA(P) Act police station Zainapora, inasmuch as there is no explanation in the grounds of detention as to why the detenu has not been arrested for long two years if the disclosures were available to them two years before.

(3.) The detenu has also challenged the impugned order on the ground that the relevant material, viz. dossier, FIR, statements of witnesses, disclosure statement etc. relied upon by the detaining authority was never served on the detenu, which disabled him to make an effective and meaningful representation against his detention. It is also urged that a single belated allegation concerning a case registered two years before cannot be basis for detention of the detenu after lapse of two years.