GULSHAD AHMAD Vs. STATE OF J&K

JUDGEMENT

(1.) GWAN detained under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 by District Magistrate, Kupwara vide his Order No. 33 DMK/PSA of 2006 dated 23.10.2006 has filed this petition through his father Ghulam Ali seeking quashing of the detention order, setting him to liberty and for paying him compensation for his illegal detention.

(2.) MRS . Surinder Kour, learned counsel for the petitioner, submits that the detenue had not been supplied the material which the District Magistrate had relied upon while directing his detention in preventive custody. This omission, according to the learned counsel, violates Section 13 of the Jammu and Kashmir Public Safety Act, 1978, rendering petitioners detention illegal besides being unconstitutional. She says that despite detenues being in. police custody in F.I.R No. 55/2006 registered under Section 7/25 Arms Act at Police Station Sogam, the District Magistrate had procedure to issue the detention order without thorn being any compelling necessity therefor. Learned counsel submits that similar detention order passed in respect of Tariq Ahmed Hajam has been quashed by this Court in HCP No. 536/2006 and in that view of the matter, petitioners detention is unjustified.

(3.) MR . B.S. Salathia, Learned State Counsel, while producing the detention records, relies upon the grounds of detention to justify petitioners detention in preventive custody.