ZAKIR HUSSAIN Vs. STATE

JUDGEMENT

(1.) PETITIONER Zakir Hussain Wani, seeks quashing of his detention order No. PSA/DM/JC/05/03 dated 27.7.2005, through the medium of this Habeas Corpus Petition No. 33/2005.

(2.) IT is stated that petitioner was booked in FIR No. 70/2004 under Section, 302/307 R.P.C and sent to Joint Interrogation Centre, Jammu for sustained interrogation. It further comes out from the petition that the petitioner was implicated in another FIR being FIR No. 102/2004 dated 5.7.2004 under Sections 212/121, 122/120B, 124/124A R.P.C. Petitioner submits that while he was in judicial lock up at Central Jail Kot Bhalwal, he was served with a copy of communication No. PSA/DM/JC/04/10 -11/DM/Doda dated 9.8.2004, whereby he was ordered to be detained under Section 8 of the Jammu and Kashmir Public Safety Act 1978 for a period of one year.

(3.) IT has been specifically pleaded in the petition that petitioner was not supplied the dossiers submitted by SSP, CID CI Jammu, copies of FIR No. 102/2004 and FIR No. 1/2004, which had formed the basis of the detention, thereby depriving him of his right to make effective representation. It is further stated that the representation of the petitioner has not been disposed of.