FAYAZ AHMAD PAUL Vs. FAYAZ AHMAD PAUL

JUDGEMENT

(1.) Impugned in this petition is the Order no.DMB/PSA/20 of 2019 dated 01.04.2019, passed by the District Magistrate, Budgam (for short "detaining authority"), placing one Fayaz Ahmad Paul son of Abdul Gaffar Paul resident of Ompora Budgam (for brevity "detenu") under the preventive detention to prevent him from acting in any manner prejudicial to the security of the State.

(2.) Counter affidavit has been filed by respondents, vehemently resisting the petition. The detention record has also been produced by the learned counsel for the respondents to substantiate the statements made in the reply affidavit.

(3.) Having heard learned counsel for parties and perused the file, it would be appropriate to have glimpse of the detention record, produced by the learned counsel for respondents, so as to ascertain as to whether the material, relied upon by detaining authority while issuing impugned detention order, has been furnished to detenu or not. The detention record, inter alia, contains an "Execution Report" of the detention. Perusal thereof reveals that execution report has been signed by Executing Officer by ASI Bashir Ahmad No.190/GRPK (EXK.821674) DPL Budgam P/S Budgam, as also by the Taken-over Officer, viz. Dy. Superintendent, District Jail, Kathua. It also comes to fore that only seven leaves have been given to detenu and the material, viz. copies of FIRs; Dossier; copy of site plans; copy of seizure memos; copy of arrest memo; statement of witnesses; and other related documents, have not been furnished to detenu at the time of execution of detention order or immediately thereafter.