SUDESH SINGH Vs. STATE & ORS

JUDGEMENT

(1.) Rajesh Singh alias Rajeshwar Singh alias Raju's detention under the Jammu and Kashmir Public Safety Act, 1978, ordered by District Magistrate, Samba vide his Order no. 01/PSA of 2008 dated 08.03.2008, has been questioned by his father, Sudesh Singh, seeking quashing of his son's detention.

(2.) Appearing for the detenue, his learned 'counsel Mr. Jagpaul Singh submits that Rajesh Singh's detention has been rendered unsustainable because of respondents' failure to place the detention order and the grounds on which it had been made, before the Advisory Board constituted under Section 14 of the Jammu and Kashmir Public Safety Act, hereinafter to be referred as the "Act". He additionally submitted that copies of the FIRs mention whereof had been made in the grounds of detention had not been supplied to the detenue depriving him of his Constitutional right to make representation to the Government against his detention.

(3.) Omission of the State-respondents to take steps to place Rajesh Singh's detention order before the Advisory Board constituted under Section 14 of the Act, has not been disputed by learned State Counsel, Mr. V.K. Chopra, who submitted that in view of the past record of the detenue, his detention by the District Magistrate was justified.