ZAHOOR AHMAD DAR Vs. STATE OF J&K

JUDGEMENT

(1.) In pursuance to order No. 23/DMB/PSA of 2016 dated 29.08.2016, passed by District Magistrate, Bandipora, Zahoor Ahmad Dar (hereinafter referred to as the detenue), has been taken into preventive custody while invoking powers under Section 8(a) of the J &K Public Safety Act as his activities were found to be prejudicial to the "maintenance of public order" so has been lodged in Kote Balwal Jail, Jammu. By the medium of the instant petition, quashment of the same is sought.

(2.) Learned counsel for the petitioner highlighted various grounds while seeking quashment of the order impugned, the star ground is that the detenue has been disabled from making an effective representation by not supplying the material forming base for the grounds of detention and the consequent order of detention.

(3.) The submission has prevailing force as there is nothing on record which would suggest that the said material has been supplied to the detenue, therefore, has been deprived of making an effective representation against the order of detention, which in turn negates the right guaranteed under Article 22(5) of the Constitution of India, as such, is infringed.