SHOWKAT AHMAD MIR Vs. STATE OF J&K

JUDGEMENT

(1.) Challenge in this petition is to the order No.168/DMB/PSA/2018 dated 27.01.2018, passed by District Magistrate, Baramulla-respondent No.2 herein, whereby Showkat Ahmad Mir (hereinafter referred to as the detenue), has been taken into preventive detention and lodged in District Jail, Kathua. By now detenue is in preventive custody for more than seven months.

(2.) Firstly, learned counsel for the petitioner contended that the detenue has been disabled from making an effective representation by not supplying the material forming base of the grounds of detention and the consequent order of detention.

(3.) Submission has a prevailing force as the nothing has been brought on record to suggest that the material forming basis of the grounds detention has been supplied to the detenue, therefore, infringement of right guaranteed under Article 22(5) of the Constitution. The Hon'ble Apex Court in the judgment rendered in the case of "Sophia Gulam Mohd. Bham v. State of Maharashtra& ors" (AIR 1999 SC 3051), has held as under: