HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
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(1.) PARVAIZ Ahmad Dar, code name Mattoo, was detained vide District
Magistrate, Srinagars order No. DMS/PS A/87/2005 dated 16.02.2006.
(2.) HIS mother has approached this Court, seeking quashing of detention order dated 16.02.2006.
(3.) SH . M. A. Qayoom, learned counsel appearing on behalf of the detenue, though initially referred to some facts to demonstrate that the
detention was illegal, yet during the course of hearing of the petition
he confined his submission to two main grounds: -
(i) The District Magistrate had recorded his satisfaction on the basis of records produced by Senior Superintendent of Police, Srinagar. These records, according to the learned counsel, were not made available to the detenue thereby depriving him of his right to make an effective representation in terms of Section 13 of the Public Safety Act, 1978, against his detention. (ii) After having admitted in the grounds of detention that the activities of the detenue had ceased with his arrest on 13.10.2005, there was no material before the District Magistrate, Srinagar, to come to the conclusion that the detenue had indulged in any activities while on bail, which would be prejudicial to the security of the State.
District Magistrate, Srinagar, has filed his counter affidavit on the basis whereof Sh. M. A. Beigh, learned Dy. AG, submits that the
District Magistrate was aware of detenues being on bail and had ordered
the detention of the son of the petitioner because he was satisfied that
his activities were prejudicial to the security of the State. Learned
counsel submitted that the detenue had not proved that any prejudice had
been caused to him because of the non -supply of material relied upon by
the District Magistrate.;
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