FAROOQ AHMAD SHAH Vs. STATE OF J&K

JUDGEMENT

(1.) In pursuance to order No.12/DMK/PSA/2018 dtd. 27/8/2018, issued by District Magistrate, Kulgam, in exercise of powers conferred under Sec. 8 of the J&K Public Safety Act, Farooq Ahmad Shah son of Nazir Ahmad Shah resident of Khrewan Chadder District Kulgam (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.) Perusal of the records annexed with the counter reveals that the submission has weight. The record shows that only copy of detention warrant and copy of grounds of detention (04 leaves) have been provided to the detenue while executing the detention warrant. Furnishing the copy of grounds of detention would not absolve the detaining authority from furnishing the material forming base of the grounds of detention as it is the material which would enable the detenue to make an effective representation against the detention. Non-supply of the material would amount to violation of Article 22(5) of the Constitution of India, so deprivation of a valuable right. The Hon'ble Apex Court in its judgment captioned Thahira Haris etc. etc.