IMRAN NABI BHAT Vs. STATE

JUDGEMENT

(1.) .Subject Imran Nabi Bhat was detained U/s 8 of J&K Public Safety Act, 1978 to prevent him from acting in any manner prejudicial to the Security of the State by District Magistrate, Srinagar (respondent No.2) under his order No. DMS/PSA/82 dated 1.11.2002. This order is under challenge in this petition.Though numbermof grounds are taken to question the validity of detention and the legality of the order, Ld. Counsel for petitioner has taklen following lone ground to question the detention.

(2.) .That the order and grounds of detention is not communicated to the detenu, in as much as, detenu has not been supplied material like FIR, Dossier, seizer memo and other material relied upon by the detaining authority. The detenu has been prejudiced to make an effective and meaningful representation against the detention to the Govt.

(3.) .Counter is filed by detaining authority and the Ld. GA Mr. T. Khawja representing respondents while acknowledging that the material like dossier, FIR & seizer memos etc. is not supplied to detenu with the grounds submits that having regard to the grounds supplied to detenu it is evident that all the material referred in the grounds is incorporated in the memo of grounds itself, thereby detenu is not prejudiced. Detenu cannot complain of non-communication of grounds and impairement of his right to make representation.