LAWS(J&K)-2019-2-100

HAKIM ABDUL RASHID Vs. STATE OF J&K

Decided On February 19, 2019
Hakim Abdul Rashid Appellant
V/S
STATE OF JANDK Respondents

JUDGEMENT

(1.) In pursuance to order No.DMS/PSA/27/2018 dtd. 20/9/2018, issued by District Magistrate, Srinagar, in exercise of powers conferred under Sec. 8 of the J&K Public Safety Act, Shri Hakim Abdul Rashid son of Late Hakim Ghulam Rasool resident of Botakadal Srinagar (hereinafter referred to as the detenue), has been taken into preventive custody. By the instant petition quashment of the said order is sought on the grounds enumerated in the petition.

(2.) Learned counsel for the petitioner projected various grounds but the star ground is that the material which formed base of the grounds of detention and consequent order of detention has not been furnished to the detenue, besides translated copies of the grounds of detention have not been furnished to him which disabled him from making an effective and purposeful representation against his detention.

(3.) The submission appears to have force as nothing has been brought on record to show that the material forming base of the grounds of detention and consequent order of detention has been furnished to the detenue. Non-supply of the material would amount to violation of Article 22(5) of the Constitution of India, so deprivation of a valuable right.