- (1.)The Detenu Showkat Ahmad Ganie S/o Mohammad Kamal Ganie was detained by the District Magistrate Budgam vide his order No. DMB/PSA/04 of 2019 dated 23.02.2019 with a view to prevent him from acting in any manner prejudicial to the security of the State under section 8 of the Public Safety Act, 1978. This detention order has been challenged by the detenu through his brother Nissar Ahmad Ganie.
(2.)The detention order has been assailed on the ground that; (i) the detenu was already in custody in FIR No.263/2017 and FIR No.448/2013 and was granted bail in both these cases but the detaining authority has not shown any awareness to these orders of bail and the same are not reflected in the grounds of detention, therefore, the order of detention is vitiated; (ii) the grounds of detention are vague and non-existence, as such, no prudent man can make an effective representation against the same; (iii) the detention order has been passed after a delay of more than one year from the date of alleged activity and the detention, the same is bad; (iv) The detention order also states that the detenu be detained for a maximum period of detention which is not in accordance with the mandate of the Act; (v) the grounds of detention are a verbatim copy of the dossier, therefore, this is total non-application of mind; (vi) the detenu has not been furnished all the relevant material like grounds of detention, copy of detention order, FIR, statements under Section 161 Cr. P. C. and 164-A Cr.P.C. and, therefore, the detenu has been prevented from making an effective representation which has violated his right under Article 22(5) of the Constitution of India and under the Public Safety Act; (vii) The detenu is not an English literate person and the grounds of detention as well as the material relied upon has neither been explained to the detenu in the language, he understands nor the translated copy of the material relied upon has been supplied to him; (viii) the detenu was already detained on the same set of allegations vide order No. DMB/PSA/08 of 2018 dated 18.07.2018 which was challenged by the detenu in Habeas Corpus Petition No. 188/2018 and the same was quashed vide order dated 20/11/2018, therefore, the order of detention on the same set of allegations is bad in the eye of law and deserves to be quashed.
(3.)Mr. B. A. Dar, learned Sr. AAG has produced the record. Learned Sr. AAG submits that the detention of the detenu is in accordance with the provisions of Public Safety Act. All the procedural safeguards and constitutional guarantees were duly complied with. The Detaining Authority has passed the order of detention after deriving subjective satisfaction in the matter.
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