1. Mohammad Maqbool Khan, father of the detenue, namely, Zakir Maqbool Khan R/O Pamposh Colony Chanapora, Srinagar, has questioned the detention order bearing No. DMS/PSA/90/2010 dated 15.10.2010 passed by respondent No. 2, District Magistrate, Srinagar, on the grounds taken in the petition. 2. Respondents filed the counter and resisted the writ petition. Petitioner has also filed rejoinder. Heard. Perused the record. 3. I am of the considered view that respondents have observed all the safe­guards as provided under the Constitution read with the provisions of Public Safety Act in breach for the following reasons. Petitioner has specifically averred that respondents have not supplied copies of the order of detention, grounds of detention, dossier and other material relied upon by the Police as well as by the District Magistrate to detenue enabling him to make an effective representation. Respondents have not specifically denied the said averment. It is averred that the grounds of detention and order of detention was served upon the detenue in Sub-Jail, Kupwara. Petitioner has denied the said fact. It is worthwhile to mention herein that lodgment of the detenue was fixed at Udhampur and it is not known how the detention order, grounds of detention and other material was supplied to the detenue in Sub-Jail, Kupwara as averred in the counter. It is apt to reproduce para-vi of the preliminary objections herein: "That the writ petition is liable to be dismissed as the detenu has not availed equally available efficacious alternate remedy to file a representation against his detention, about which right he was informed vide a commu­nication addressed to him and forwarded to him through the concerned Superintendent, District Jail, Kupwara containing information not only about his right of filing representation but also calling upon him to inform, if he would like to be heard by the State Advisory Board." 4. Respondents have not been prima facie able to indicate that when and where notice in terms of the provisions of the Act was served upon the detenue enabling him to make representation before the District Magistrate or Government. 5. Impugned order discloses that it has been passed by respondent No. 2 without formulating the grounds of detention which is pre-requisite for drawing action in terms of the mandate of Public Safety Act. 5. Impugned order discloses that it has been passed by respondent No. 2 without formulating the grounds of detention which is pre-requisite for drawing action in terms of the mandate of Public Safety Act. It is apt to reproduce first para of the impugned detention order herein: "Whereas, Senior Superintendent of Police, Srinagar, vide his letter No. Lgl/Det/2635/2010/4739-42 dated: 12-10-2010 has produced material re­cord, such as dossier and other connecting documents in respect of Zakir Maqbool Khan S/o Mohammad Maqbool Khan R/o Pamposh Colony, Channapora, Srinagar." 6. Thus, one comes to an inescapable conclusion that detention order came to be passed without formulation of grounds of detention. 7. Admittedly, the detenue was in custody at the time of passing of the detention order and what were the compelling reasons for detaining the detenue are not forthcoming from the record. Thus impugned order suffers from non-appli­cation of mind. 8. In view of the above discussion, it is hereby held that detention order merits to be quashed. 9. Accordingly, the petition is allowed. The detention order is, hereby, quashed with the command to the State to release the detenue forthwith provided he is not i required in any other case. 10. Registry is directed to return the record of the case to Mr. A. M. Magray, I Sr. AAG.