LAWS(J&K)-2009-12-44

SHABIR AHMAD KHAN Vs. STATE

Decided On December 24, 2009
SHABIR AHMAD KHAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) SHABIR Ahmad Khan has filed this petition through his father Bashir Ahmad Khan, seeking quashing of his detention Order No. 621/DMB/PSA/09 dated 24.03.2009 issued by District Magistrate Baramulla under Section 8 of the Jammu and Kashmir Public Safety Act, 1978, on the ground that detention has been ordered by the detaining authority without there being any record and without application of mind. It is further contended in the petition that detenu was not provided with the material which had been relied upon by the District magistrate while contemplating his detention, so as to enable him to make an effective representation against his detention, rendering his detention illegal.

(2.) JUSTIFYING the petitioners detention, learned State counsel urged that all what was required to be supplied under law had been supplied to the detenu and no prejudice has been caused to him in exercising his right of making representation against his detention.

(3.) I have considered the submissions of learned counsel for the parties and perused the detention record produced by learned State counsel.