MOHD YOUNIS DAR Vs. STATE OF J&K

JUDGEMENT

(1.) MOHD Younis Dar was detained by District Magistrate, Srinagar, vide his order No. DMS/PSA/53/2005 dated 19.11.2005 on the basis of following grounds of detention: -

(2.) HE has questioned his detention by this petition filed through Gh. Mohammad Dar, his father, inter alia, on the following grounds: -

(3.) THE detaining authority, in its reply affidavit, has not said anything as regards the plea of the detenue regarding his release on bail by learned Sessions Judge, Srinagar. Regarding the plea of non -supply of material relied upon by the detaining authority, all that it says in reply is that the detenue must show that non -supply of material had impaired the right of the detenue to make an effective and purposeful representation. Detention order has been supported by the detaining authority by saying that the detenue is local trained militant of Hizab -ul -Mujahedin banned outfit and was working as Tangawala. He was motivated by two militants namely Umer and Adnan of the outfit and he being a poor fellow fell into the trap and started working as an over ground worker/runner for them. The detenue had been alleged to have been working as a guide, who later turned to be a loyal member of the anti national - elements.