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2013 DIGILAW 259 (JK)

Shakeel Ahmad Khasana v. State of J&K & Ors.

2013-04-30

HASNAIN MASSODI

body2013
JUDGMENT Challenge to order No. DMS/PSA/ 40/2012 dated 30.10.2012 must suc­ceed for the reasons that Detaining Authority has not provided or cause to be provided copies of the documents that weighed with the Detaining Au­thority at the time of detention order was slapped on the detenue namely Shakeel Ahmad Khasana S/o Abdul Hamid Khasana R/o Krai Khiyan, Kangan. 2. A perusal of detention record re­veals that the detenu's alleged involve­ment in case FIR No. 113/2012 under section 7/25 Arms Act P/S Parimpora Srinagar, weighed heavily with the Detaining Authority while passing de­tention order. Least that was expected of the Detaining Authority was to com­ply with constitutional and statutory safeguards guaranteed under Article 22 (5) Constitution of India and Section 13 of J&K Public Safety Act, 1978 and pro­vide copy of FIR, copies of seizure memos and copies of statement of wit­nesses to the detenu, so that detenue was in a position to make meaningful use of procedural safeguards available to him under aforesaid constitutional provisions reiterated in Section 13 of the Act. The executing officer, as is evident from the endorsement made on reverse of detention order wherein he has listed documents that were pro­vided to the detenue at the time of ex­ecution did not provide copy of FIR No. 113/2012 and the connected docu­ments to the detenue. The grounds of detention surprisingly make reference to the occurrence that allegedly took place way back in 1999 and 2003. It is pertinent to point out that the detenue shown to be 22 years in the grounds of detention was child of 09 years in the year 1999 and expected not to have in­dulged in activities attributed to him. 3. So viewed, the petition succeeds and is accordingly allowed. The Deten­tion order is set aside. The detenue be released from preventive detention under order No. DMS/PSA/40/2012 dated 30.10.2012 and handed over to his legal guardian so as leave no room for any confusion. Detention record is returned. 4. Disposed of.