MEHRAJ-UD-DIN RATHER Vs. STATE

JUDGEMENT

(1.) DISTRICT Magistrate Baramullas Order No. DMB/PSA/3089 dated 29th of April 2006 detaining Mehraj -ud -din Rather S/o Mohammad Akbar Rather R/o Krankshivan Colony Sopore in preventive custody has been questioned in this petition by the petitioner. District Magistrate Baramulla has directed the detention of the petitioner on grounds which read thus: - -

(2.) LEARNED counsel appearing for the petitioner has attacked the order of detention of District Magistrate Baramulla saying that there was no material worth the name on the basis whereof the petitioner could be detained in preventive custody.

(3.) LEARNED counsel further submitted that the petitioner had been deprived of his right to make an effective representation against his detention because of non -supply of requisite material which had been relied upon by the District Magistrate and in that view of the matter he had been deprived of his constitutional right under Article 22(5) of Constitution of India and legal right under Section 13 of Jammu and Kashmir Public Safety Act 1978.