SHAHMALI Vs. STATE AND ORS.

JUDGEMENT

(1.) DETENUE , namely, Zahoor Ahmad Bhat, is alleged to have delivered the speech against the sovereignty and integrity of State and Government of India, so was instigating the people to fight against the established government and was also creating disharmony among the people, therefore, has been arrested on 11.2.2009 in connection with case registered against him as FIR No. 09/2009 for commission of offences punishable under Section 13 U.L.A Act and 2/3 E & IMCO but was later on ordered to be released on bail by the Court of Sessions Judge, Kupwara. His being at large is alleged to be a threat to the security and sovereignty of the State, so has been detained under the provisions of J & K Public Safety Act, 1978 pursuant to detention order bearing No. 02/DMK/PSA of 2009 dated 23.4.2009, same is under challenge.

(2.) IT is contended that the order of detention is totally illegal. First it is contended that the order of detention has been passed on the basis of material such as dossier and other documents furnished to the Detaining Authority by Superintendent of Police, Kupwara but copies of the said dossier and other documents have not been provided by respondent No. 2 to the detenue.

(3.) THE question whether the grounds of detention in detail referring to all activities alleged against the detenue if furnished to him would be enough for recording satisfaction for passing the order of detention.