NAZIR AHMAD LALA Vs. STATE OF J&K

JUDGEMENT

(1.) Noticing the activities of Nazir Ahmad Lala (hereinafter referred to as the detenue) to be prejudicial to the security of the State, he, pursuant to order No.53/DMB/PSA/2018 dated 17.07.2018, passed by District Magistrate, Baramulla, has been taken into preventive custody by invoking powers under Clause (a) of Section 8 of the J &K Public Safety Act and so has been lodged in Central Jail, Kotebhulwal. By the instant petition quashment of the said order is sought on the grounds referred therein.

(2.) First learned counsel for the petitioner would contend that the order of detention has been passed on the basis of the material produced by Senior Superintendent of Police, Sopore, before the District Magistrate, such as dossier and other connected documents as reflected in the order of detention. Neither copy of the letter dated 09.07.2018 addressed by SSP to the District Magistrate, referred in the impugned order, nor the material/connected documents accompanying said letter has been supplied to the detenue, therefore, detenue has been deprived from making an effective representation against his detention.

(3.) The respondents despite opportunity have not produced the detention record and have also not chosen to cause their appearance so as to negate the submission referred above.