MOHAMMAD RAFIQ Vs. STATE

JUDGEMENT

(1.) PETITIONER has filed this habeas corpus petition through his wife seeking quashing of District Magistrate Samba's order No. 06/psa of 2008 dated 9. 6. 2008, saying that his detention in preventive custody is illegal as, while detaining the petitioner, respondents had not complied with the requirements of Article 22 (5) of the Constitution of India, in that, the material relied upon by the detaining authority including the copies of the FIR's referred in the grounds of detention, had not been supplied to the detenue thereby depriving him of his right to make effective representation against his detention.

(2.) DISTRICT Magistrate Samba has filed his counter affidavit in response to the petition, bare reading whereof demonstrates that he has not taken care to meet the grounds which the petitioner has raised in his petition. Petitioner's plea that he had not been supplied the material including the copies of fir's relied upon by the detaining authority while passing the detention order, as it appears in paragraph No. 5 of the petition, has gone uncontroverted as the cryptic affidavit filed by the district Magistrate does not contain even a whisper about the petitioner's plea.

(3.) MR. S. C. Gupta, learned State counsel, was accordingly asked to indicate as to whether the petitioner had been supplied the material which had been relied upon by the District Magistrate while directing his detention. Learned counsel, after going through the detention records, fairly conceded that petitioner had been supplied the grounds of detention alone and the copies of the FIR's referred to in the grounds of detention had not been supplied to him.