KOUSHAL KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) KOUSHAL Kumar Sharma alias Kashu has filed this petition through Sardari Lal, his uncle, seeking quashing oforder No. 02/PSA of 2008 of 09.01.2008 passed by District Magistrate, Jammu whereby the petitioner has been ordered to be detained under Section 8 of the Jammu and Kashmir Public Safety Act, 1978, hereinafter referred to as the "Act".

(2.) REFERRING to the pleas set up in the petition, Mr. M.A.Goni, learned Senior Counsel, submitted that the respondents had disabled the petitioner to make representation to the Government against his detention, in that, the Police Dossier on the basis whereof the District Magistrate had directed detention, were not supplied to the petitioner and the copies of the FIRs which had been supplied to him were all in Urdu language which he would not understand, as a result whereof, he was deprived of his constitutional right to make effective representation against his detention. He further submitted that the respondents had fabricated false FIRs against the petitioner in which he stood released on bail by competent Court of jurisdiction but the District Magistrate had not been apprised about all these bail orders by the police agency which, for undisclosed reasons, was bent upon curtailing petitioners fundamental right to Life and Liberty. Petitioner, according to the learned counsel, had been subjected to inhuman treatment at the hands of the police agencies and his detention was liable to be quashed because the detention order besides being violative of Article 22 (5) of the Constitution of India and Section 13 of the Jammu and Kashmir Public Safety Act was even otherwise unsustainable as the satisfaction recorded by the District Magistrate was not supported by any material on records, which reflected complete non -application of mind.

(3.) RESPONDENTS had been called upon through learned Advocate General to file Counter Affidavit to the petition and produce the detention records. They have, however, opted not to rebut the pleas set up in the petition and have tried to justify petitioners detention only on the basis of the records which the learned State Counsel Mr. S.C.Gupta had produced at the time of consideration of the petition.