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2011 DIGILAW 510 (JK)

Maqbool Hussain v. State of J&K & Ors.

2011-09-26

J.P.SINGH

body2011
Heard learned counsel for the parties and perused the Detention Records made available by the learned State counsel. Material relied upon by District Magistrate, Samba, i.e., Police Dossiers of Senior Superintendent of Police, Samba and copy of FIR No. 110/2011 registered at Police Station, Samba under Sections 188 RPC and 3/6 Prevention of Cruelty to Animals Act, 1990, while contemplating Maqbool Hussain's detention in Preventive Custody under Section 8 of the Jammu and Kashmir Public Safety Act, 1978, having not been supplied to the detenu, as it so appears from the Detention Records, which indicates that all that was supplied to the detenu was the Grounds of Detention and nothing beyond that, deprives him of his right to make representation against the detention to the Government, in that, supplying of only the Grounds of Detention, sans the material, on the basis whereof, the Grounds of Detention were drawn, may not be sufficient compliance of the provisions of Section 13 of the Jammu and Kashmir Public Safety Act and Article 22 (5) of the Constitution of India, for, effective representation against detention by the detenu, contemplated by the provisions referred to hereinabove, may not be conceived unless all the material that had weighed with the Detaining Authority in issuing the Detention Order, was supplied to the detenu so that he had full opportunity to make such submissions and raise such pleas as he may like so to do on the basis of the material relied upon by the Detaining Authority in issuing orders for his detention in preventive custody. Petitioner's learned counsel's contention that the petitioner was deprivied of his right to make effective Representation against his detention because of Detaining Authority's omission to supply him all the material that had weighed with the Detaining Authority, therefore, succeeds. Maqbool Hussain's detention ordered vide District Magistrate, Samba's order No. 04/PSA of 2011 dated 23.5.2011 cannot therefore, be sustained. Detention orders passed by learned District Magistrate, Samba on similar grounds based on the same FIR have already been quashed by this Court allowing detenu's HCP (W) Nos. 38 and 39/2011. For all what has been said above, this Habeas Corpus Petition is, therefore, allowed quashing District Magistrate, Samba's order No. 04/PSA of 2011 dated 23.5.2011. A direction shall issue to the respondents to set Maqbool Hussain- detenu to liberty forthwith unless he was required in any other case. 38 and 39/2011. For all what has been said above, this Habeas Corpus Petition is, therefore, allowed quashing District Magistrate, Samba's order No. 04/PSA of 2011 dated 23.5.2011. A direction shall issue to the respondents to set Maqbool Hussain- detenu to liberty forthwith unless he was required in any other case. Detention Records be returned to the learned State Counsel.