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2011 DIGILAW 310 (JK)

Liyaqat Gorsi v. State & Ors.

2011-06-05

MANSOOR AHMAD MIR

body2011
1. One Soba Gorsi, father of Liyaqat Gorsi has questioned the detention Order No. 10/DMP/PSA/11 dated 13.09.2011 passed by District Magistrate, Pulwama, respondent No. 2 herein, whereby Liyaqat Gorsi came to be detained for a period of 24 months in terms of the Jammu & Kashmir Public Safety Act, 1978 (for short Act), on the grounds taken in the petition. Respondents have filed counter and resisted the petition on the grounds taken in it. Petitioner has also filed the rejoinder. 2. Heard. Perused the record. 3. It is apt to reproduce first para of the impugned detention order herein. "Whereas on the basis of dossier placed before me by the Supdt. of Police, Pulwama vide his No. CRB/PSA-11/2719 dated 08.09.2011,1 am satisfied that there are sufficient grounds to detain Sh. Liyaqat Gorsi S/o Soba Gorsi R/o Zampatho Keller, Tehsil Shopian, District Shopian, from acting in any manner which is prejudicial to the security of the State, it is necessary to detain you under Public Safety Act, 1978." 4. While going through the impugned detention order, one comes to an inescapable conclusion that the District Magistrate, Srinagar has passed the detention order on the basis of dossier placed before him by the Superintendent of Police, Pulwama. It appears neither respondent no.2 has prepared the grounds of detention nor gone through the entire record and material which were made basis for preparing the dossier by the police agency, is suggestive of the fact that the detention order came to be passed without application of mind. It was mandatory on the part of District Magistrate to peruse the entire record and the material relied upon by the authority concerned for recording satisfaction and has to prepare the grounds of detention. Formation of grounds of detention is a pre-condition before making the detention order. 5. It has been specifically averred that the District Magistrate has not issued any notice to the detenue for making representation to the said authority or before the Government not to speak of specifying the authority of the Government. 6. There is nothing on the file which can be made basis for holing that copies of dossier, FIR and other material relied upon by the detaining authority were ever supplied to the detenue for making representation. 7. 6. There is nothing on the file which can be made basis for holing that copies of dossier, FIR and other material relied upon by the detaining authority were ever supplied to the detenue for making representation. 7. Detenue is illiterate, therefore, respondents were under legal obligation to furnish copies of the documents and the other material relied upon by them to the detenue in the language known to him, which too has not been complied with. 8. Viewed thus, this habeas corpus petition is allowed, the impugned detention order is quashed and the detenue is directed to be released forthwith, provided he is not involved or required in any other case. Registry is directed to hand over the record to the learned counsel for respondents against proper receipt. Disposed of.