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2012 DIGILAW 49 (JK)

Ranjit Singh v. State & Ors.

2012-02-14

J.P.SINGH

body2012
1. Ranjit Singh alias Manga, the detenue, seeks quashing of District Magistrate, Kathua's order No.PSA/77 dated 27.06.2011, whereby he was ordered to be detained under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 to prevent him from indulging in criminal activities which were considered prejudicial and detrimental to the maintenance of Public Order. 2. The star ground projected by the detenue's learned counsel to question the validity of the Detention order is that non-supply of the Grounds of Detention and material relied upon by the Detaining Authority while recording satisfaction that the activities of the detenue were prejudicial and detrimental to the maintenance of Public Order, to the detenue, deprives him of his constitutional right to make effective Representation to the Government against the detention and thus being violative of the provisions of Article 22(5) of the Constitution of India and Section 13 of the Jammu and Kashmir Public Safety Act, 1978, Ranjit Singh's detention is illegal. 3. Perusal of the records made available by Mr. Basotra, learned Additional Advocate General, reveals that the material relied upon by the Detaining Authority to record satisfaction that the activities of the detenue were prejudicial and detrimental to the maintenance of Public Order i.e. the Police Dossier and the copies of the FIRs referred to in the Grounds of Detention, were not supplied to the detenue. All that appear from the records is that the detenue is stated to have been supplied the Detention Order as also the Grounds of Detention and nothing beyond that. The endorsement made on the reverse of the Detention Order indicates that the Warrant and Grounds of Detention were read over and explained to the detenue in Hindi/Dogri language which he understood very well. Although the endorsement on the reverse of the Detention Order reads that the Grounds of Detention were served on the detenue; but there does not appear any truth therein, in that, the endorsement on the first page of the Detention Order issued by the District Magistrate does not indicate that the Grounds of Detention too were issued along with the Detention Order for service on the detenue. All that the endorsement on the first page of the Detention Order records is that notice of the order be given to Ranjit Singh by reading over the same to him in the language he knew and by handing over a copy of the order to him under proper receipt. 4. In these circumstances, the Grounds of Detention cannot be said to have been served on the detenue. 5. Be that as it may, even otherwise the omission of the Detaining Authority to supply the detenue, the Police Dossier and the copies of the FIRs referred to in the Grounds of Detention, deprives him of his right to make effective Representation against the detention; for, effective Representation against the Detention may not be contemplated unless all the material that had weighed with the Detaining Authority was supplied to the detenue enabling him to deal with all such material while representing against the detention to the Government. 6. For all what has been said above, the detenue's detention ordered by District Magistrate, Kathua is, therefore, found violative of the provisions of Article 22(5) of the Constitution of India and Section 13 of the Jammu and Kashmir Public Safety Act, 1978. It, therefore, needs to be quashed. 7. This Petition, accordingly, succeeds and is, therefore, allowed quashing District Magistrate, Kathua's order No.PSA/77 dated 27.06.2011. The respondents are directed to set the detenue free, unless required in any other case. 8. Detention records be returned to the learned State counsel.