MOHAMMAD YASEEN BOHRU Vs. STATE

JUDGEMENT

(1.) CHALLENGE is to order No. DMR/PSA of 2009/21 dated 17.3.2009 whereby the District Magistrate Ramban - respondent No. 2 herein has ordered preventive detention of Sh. Mohammad Yaseen Bohru Son of Mohammad Ibrahim Bohru Resident of Village Tabella, Chamalvas Tehsil Banihal District Ramban (herein after referred to as "detenue") and directed him to be lodged at Central Jail Kotbalwal Jammu.

(2.) THE detention order is assailed on the grounds that the order is not in accordance with law and procedure laid down under Public Safety Act, 1978; that the respondent No. 2 has not supplied the relevant material and documents to the detenue on the basis of which detention order has been made and in absence of such material/documents the detenue has been deprived of his right to make a representation to the Government against his detention. It is averred, that the detention order exhibits non -application of mind on the part of Detaining Authority in as much as the detenue was said to have been keen to get the bail in case FIR 09/2009 under Section 121/122 RPC, 7/25 Arms Act, little realizing that the material appended to the grounds of detention was order of Learned JMIC Batoate rejecting the bail application and thus the likelihood of detenue getting bail was misplaced. It is also averred, that the grounds of detention are vague and general in nature again depriving the detenue of making a representation against the detention order.

(3.) HEARD and Considered.