TAHIR FARHAT SHAH Vs. STATE

JUDGEMENT

(1.) TAHIR Farhat Shahs detention vide District Magistrate, Baramullas order no.DET/PSA/08/582 dated December 28, 2008 has been questioned by this Petition on the grounds that the material relied upon by the District Magistrate was not supplied to the detenue thereby depriving him of his statutory right to make effective representation to the Government against his detention and that there were no compelling reasons for his detention when the detenue was already in police custody. Another ground projected against the Detention Order is that the Detention Order issued on December 28, 2008 had remained un -executed till January 9, 2009, for no good reasons.

(2.) JUSTIFYING the detention, the learned State counsel urged that no prejudice was caused to the detenue for non -supply of the material, in that, basic material relied upon by the Detaining Authority stood supplied to the detenue when he was delivered the grounds of detention.

(3.) LEARNED counsel justified the detention saying that the activities of the petitioner warranted his detention in preventive custody to prevent him from acting in any manner prejudicial to the security of State.