ISHFAQ AHMAD NAJAR Vs. STATE OF J AND K
LAWS(J&K)-2020-8-40
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 21,2020

Ishfaq Ahmad Najar Appellant
VERSUS
STATE OF J AND K Respondents


Referred Judgements :-

GHULAM NABI SHAH V. STATE OF J&K & ORS. [REFERRED TO]
SYED AASIYA INDRABI V. STATE OF J&K & ORS. [REFERRED TO]
RAM KRISHAN BHARDWAJ VS. STATE OF DELHI AND CITHERS [REFERRED TO]
CHAJU RAM VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
MOHAMMAD YOUSUF RATHER VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
DHANANJOY DAS VS. DISTRICT MAGISTRATE DARRANG [REFERRED TO]
SOPHIA GULAM MOHAMMAD BHAM VS. STATE OF MAHARASHTRA [REFERRED TO]
THAHIRA HARIS VS. GOVERNMENT OF KARNATAKA [REFERRED TO]


JUDGEMENT

Tashi Rabstan - (1.)The petitioner, namely, Ishfaq Ahmad Najar, son of Abdul Rehman Najar, resident of Panzan Chadoora, Budgam (hereinafter detenue) has preferred this petition questioning the detention order bearing No.DMB/PSA/17 of 2019 dated 28.03.2019 issued by District Magistrate, Budgam. The said detention order has been passed under Section 8 of the J&K Public Safety Act, 1978.
(2.)The star ground of challenge in this petition is that the detenue has not been provided with the relevant material as mentioned in the grounds of detention on the basis of which the detention order has been passed and the same is in clear violation of Article 22(5) of the Constitution of India. It is further contended that due to non-supply of relevant material, the petitioner could not make effective representation to the detaining authority which is clear violation of provisions of Public Safety Act.
(3.)Counter affidavit has been filed by the respondents stating therein that the detention order was executed on 03.04.2019 against the detenue by the executing Officer, ASI Ghulam Qadir of Police Station Chadoora and that the copy of PSA warrant, letter addressed to the detenue, grounds of detention as well as the material relied upon by the detaining authority were handed over to the detenue. However, the respondents in their counter affidavit have not disclosed whether the copies of FIR were supplied to the detenue or not. Non-furnishing of copies of FIRs and copies of statements, if any recorded, is clearly violation of provisions of Public Safety Act.
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