SHAHBAZ AHMAD BHAT Vs. STATE OF J AND K
LAWS(J&K)-2020-10-23
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 09,2020

Shahbaz Ahmad Bhat Appellant
VERSUS
STATE OF J AND K Respondents




JUDGEMENT

Tashi Rabstan,J. - (1.)The petitioner, namely, Shahbaz Ahmad Bhat son of Abdul Hamid Bhat, resident of Patipora Tehsil Litter, District Pulwama (hereinafter referred to as "detenue?) has preferred this habeas corpus petition questioning the detention order bearing No.82/DMP/PSA/19 dated 10.08.2019 slapped on him by respondent No.2 i.e., the District Magistrate, Pulwama, under Section 8 of the J &K Public Safety Act, 1978.
(2.)The star ground of challenge putforth by the detenue is that he along with his associates have destroyed the government property but the particulars of the associates have not been provided either in the grounds of detention or in the counter affidavit filed by the respondents. The detenue also contends that the respondents have not mentioned the date and month of alleged loss/damage caused to the property by the detenue and his associates. Further, the challenge thrown by the detenue is that he has not been supplied the relevant material relied upon by the respondents in the grounds of detention, especially, the copies of FIRs and the statement recorded under Section 161 Cr.P.C. The detenue also states that the grounds of detention were never explained to the petitioner in the language with which he is well versed, therefore, the respondents have violated the provisions of the Public Safety Act as well as the Constitution, as a result of which he could not make effective representation against the detention. The detenue also contends that in the grounds of detention four FIRs have been mentioned, however the detenue?s name has been figured only in one FIR, which clearly shows that the respondents have not applied their mind while passing the detention order.
(3.)Reply affidavit has been filed by respondents, objecting the petition.
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