FIRDOUS AHMED FARASH Vs. STATE

JUDGEMENT

(1.) By order No. DMS/PSA/Dt./98 Dated 6.2.2003 District Magistrate Srinagar (respondent No.2) has detained Firdous Ahmed Farash U/s 8 of J&K P.S.Act, 1978 with a view to prevent him from acting in any manner prejudicial to the security of the State. This order and the consequent detention is under challenge in this petition.

(2.) Ld. Counsel for the petitioner has confined his submissions to following two grounds:-First that detenu has not been communicated the order within the meaning of Article 22(5) of the Constitution and Section 13 of the J&K P.S.Act, in as much as, record is not supplied to detenu thereby he is prejudiced to make an effective and meaningful representation against the detention and Second that detenu was detained earlier U/s 8 of J&K P.S.Act under Order No. DMS/PSA/28 dated 21.11.2001on the very grounds which are basis for subsequent detention referred above. The present detention on the self same grounds which in fact have been adjudicated by the court in HCP NO. (35/02) whereunder the detention is held as not legally sustainable for non-application of mind, cannot be over again ordered.

(3.) Counter is filed by the detaining authority. Ld. Counsel for respondents submits that the detenu has been supplied grounds and the order which has been also explained to him. Though the counsel concedes that the record referred to in the detention order by the detaining authority is not supplied to detenu. As regards to second contention the counsel submits that the earlier detention has failed on a technical ground though ruled by the court to suffer from non-application of mind and the competent authority is within the powers to pass instant fresh detention. The impugned detention order dated: 6.2.2003 (Annexure P-6) opens as under:- Whereas I District Magistrate Srinagar am satisfied on the basis of record received from SSP Srinagar .