Jammu & Kashmir High Court - Srinagar Bench
Mohammad Yaqoob Ganai vs State Of J&K And Ors on 2 February, 2010
IN THE HIGH COURT OF JAMMU AND KASHMIR SRINAGAR HCW No. 215 of 2009 Mohammad Yaqoob Ganai Petitioners State of J&K and ors Respondents !Mr. S. M. Ayoub, Advocate ^Mr. S. A. Vakil, Advocate Ms. Nusrat Razak, Advocate Honble Mr. Justice Muzaffar Hussain Attar, Judge Date: 02/02/2010 :J U D G M E N T:
Detention order No. 5/DMP/PSA/2009 dated 10.10.2009 passed by District Magistrate Pulwama under the provisions of Jammu and Kashmir Public Safety Act 1978 (for short Act of 1978), is called in question, interalia on the ground, that the material on which the reliance is placed by the detaining authority has not been provided to the detenu which has denied him right to make an effective representation; the grounds of detention suffer from lack of application of mind and are vague; the District Magistrate has ordered for detention of the petitioner for a period of nine months. Respondents have filed reply affidavit. Record has not been produced. Heard ld counsel for parties. Considered the matter.
This petition deserves to be allowed on the ground that though the detaining authority has relied upon the dossier furnished to him by Sr. Superintendent of Police, but the copy thereof has not been made available to the detenu. The detenu has been deprived of making effective representation which is his constitutional right as guaranteed under Article 22(5) of the Constitution of India. Further the detention order is rendered bad as the detaining authority himself fixed the period of detention which in law is not his power.
This petition, is accordingly, allowed. Detention order 5/DMP/PSA/2009 dated 10.10.2009 passed by District Magistrate Pulwama, is quashed. Respondents are directed to release the detenu namely Mohd Yaqoob Ganie S/o Late Ali Mohd Ganie R/o Sheikh Mohalla Tahab Teshil and District Pulwama, forthwith in case he is not required in any other case.
Disposed of.
Srinagar (Muzaffar Hussain Attar) 02.02.2010 Judge Ayaz