Decided on May 23,2006

Jan Mohd. Appellant
STATE Respondents


J.P.SINGH, J. - (1.) DETENTION order No. 09/2005 dated 06 -12 -2005 of District Magistrate, Rajouri, directs the detention of Jan Mohd., petitioner, in preventive custody under the Jammu and Kashmir Public Safety Act.
(2.) JAN Mohd has approached this Court through the medium of HC(W) No. 03/2006, seeking quashing of the detention order. It is stated in the petition that Jan Mohd. stood already arrested in F.I.R. No: 82/05 registered under Sections 307/120B/121/122/123/124 -A/212/216/336 R.P.C. and Sections 7/27 of Indian Arms Act besides Section 03 SSA, because of which there was no scope for the detenue to be enlarged on bail and in these circumstances his preventive detention was wholly unwarranted besides being unsustainable in the eyes of law. The detention order has been questioned as arbitrary. The detenue urges that he had made representation before the competent authority but it had not been decided by the State Government, thereby depriving him of his fundamental right under Article 22(5) of the Constitution of India. The detenue further urges that the material relied upon by the District Magistrate Rajouri i.e. copy of FIR No: 82/05 and Dossiers of the Senior Superintendent of Police, Rajouri, had not been supplied to him, thereby depriving him of his right to make effective representation against his detention which omission would render his detention illegal.
(3.) THE respondents have filed counter affidavits of the District Magistrate Rajouri and the Senior Superintendent, Central Jail, Kot Bhalwal, Jammu, opposing the quashing of the detention order.;

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