SAJAD HUSSAIN GULL Vs. UT OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The instant writ petition arises out of the detention order bearing No.DMS/PSA/81/2021 dtd. 20/10/2021, (hereinafter for short theimpugned order) passed against the detenu, namely, Sajad Hussain Gull, by respondent no.2-District Magistrate, Srinagar (for brevity detaining authority), under and in terms of provisions of the Jammu and Kashmir Public Safety Act, 1978 (for short the "Act"). The detention order dtd. 20/10/2021 is challenged by the petitioner through the medium of instant petition and is seeking quashment of the same on the grounds taken in the writ petition.

(2.) It is being stated in the petition that the detenu is a law-abiding citizen and has never indulged in any subversive activity prejudicial to public order or security of the State. The detenu is stated to have been arrested and thereafter came to be detained under preventive custody by the respondents in terms of impugned order and lodged at Central Jail, Srinagar, without there being any compelling reasons thereof.

(3.) The impugned order is being challenged, inter alia, on the grounds that detenu had not been provided copies of the relevant material, like copy of dossier, details of any incidence with regard to the alleged association of the detenu with the terrorist organizations or any particular incident regarding his links with secessionist organizations, date and year when the detenu has done that, not a single incident has been spelt out, referred to in the grounds of detention, material, if any, collected during the course of investigation, thus, depriving him to file an effective representation against his detention. The said failure is stated to have infringed the constitutional and statutory rights of the detenu guaranteed under Article 22(5) of the Constitution of India and Sec. 13 of Jammu &Kashmir Public Safety Act. A representation submitted against the detention by the petitioner is contended to have not been either considered or decided by the respondents.