FAROOQ AHMAD SHAH Vs. STATE OF J&K

JUDGEMENT

(1.) FAROOQ Ahmad Shah alias Showkat alias Mitha has been detained in preventive custody vide order No.DMS/PSA/108/2005 dated 28.02.2006 of District Magistrate, Srinagar, on the grounds, which read thus: -

(2.) SH . G. N. Shaheen, learned counsel appearing for the detenue, submits that the grounds of detention exhibit non -application of mind of the District Magistrate, Srinagar, in directing the detention of Farooq Ahmad Shah besides non -recording of satisfaction by the detaining authority as to the likelihood of the detenue indulging in activities prejudicial to the security of the State. He submits that material relied upon by the detaining authority was not supplied to the detenue, thereby depriving him of his constitutional right to make an effective representation against his detention to the Government.

(3.) SH . M. A. Wani, learned Dy. AG on the other hand, reiterates the stand taken by the detaining authority in its reply affidavit.