JAVAID AHMAD NAJAR Vs. STATE AND ORS.

JUDGEMENT

(1.) Pursuant to order No. DMB/PSA/05 dated 09.06.2015, passed by District Magistrate, Budgam, Javaid Ahmad Najar has been detained under Public Safety Act and lodged in District Jail, Kupwara. According to the learned counsel for the petitioner, the detenu had been in custody in connection with case FIR No. 92/2015 of P/S Budgam for the commission of offence punishable under Ss. 121, 124 -A, 147, 341, 336, 427, 120 -B, RPC and 13 ULA(P) Act, and while in custody has been ordered to be detained under Public Safety Act. No compelling reason has been recorded for passing the impugned order which was a requirement as the detenu was already in custody. Further, the material forming base for the detention has not been supplied to the detenu disabling him from making an effective and purposeful representation against his detention.

(2.) It is settled that a person in custody in connection with criminal cases can be detained under the provisions of preventive laws provided there are compelling circumstances for so doing otherwise the order of detention shall be bad. In this connection, it is quite apt to quote following para from the judgment T.P. Moideen Koya v/s. Government of Kerala and Ors., reported in : 2004 (8) SCC 106 : (AIR 2004 SC 4733)

(3.) It is not forthcoming from records as made available that the material forming base for the order of detention has been furnished to the detenu when the detenu admittedly was arrested in connection with aforesaid case. The statements recorded under Sec. 161, Cr.P.C. in connection therewith were also required to be furnished to the detenu. The non supply of the material has disabled the detenu from making an effective representation so as to show his innocence. Non supply of material forming base for detention is violative of the right guaranteed under Article 22(5) of the Constitution.