MOHD YAQOOB Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER has questioned District Magistrate Jammus Order No. 15/PSA of 2006 dated 06.09.2006, detaining him in preventive custody under Section 8 of the Jammu and Kashmir Public Safety Act raising various grounds in support thereof.

(2.) LEARNED Counsel appearing for the petitioner submits that petitioners detention is liable to be quashed on the short ground that the material relied upon by the District Magistrate had not been supplied to the detenu thereby depriving him of his right to make an effective representation against his detention.

(3.) RECORDS produced by Mr. Salathia, learned State Counsel reveal that the police dossier and the copy of F.I.R. No. 87/2006 registered under Section 120 -B/121/122/216/212, registered at Police Station, Jajjar Kotli, which had been relied upon by the District Magistrate while issuing the detention order, had not been supplied to the detenu, who according to the records had been supplied only two leaves which were the grounds of detention.