Ab. Hayee Malik vs State and Others

Hakim Imtiyaz Hussain, J.—Detenue has been placed under preventive detention by means of Government Order No. 2400-Home-PBV of

2007 dated 31.12.2007. The grounds on the basis of which the detaining authority arrived at subjective satisfaction about the detention of the

detenue are contained in the grounds of detention, copy of which has been placed alongwith the present petition. Various grounds have been taken

in the present petition to challenge the detention of the detenue.

Respondents have not filed their reply.

Heard. Considered.

Learned Counsel for the Petitioner submits that the material on the basis of which the detention has been ordered has not been supplied to the

detenue due to which he could not make an effective representation.

The order of detention would show that the detaining authority has considered the material record such as dossier and other connected

documents in respect of the detenue while directing preventive detention of the detenue. The record shows that the material has not been supplied

to the detenue. The record would further show that the copy of the detention, order has been furnished to the detenue. The grounds of detention

have been read over and explained to the detenue in his own language and he was asked to make representation against the order of detention

before the Government.

Respondents' counsel stated that whatever was required to be furnished to the detenue has been supplied to him but this fact is contradicted and

even the record would show that the relevant material has not been furnished to the detenue.

In Sophia Gulam Mohd. Bham Vs. State of Maharashtra and Others, , the Supreme Court has observed as under:

...The right to be communicated the grounds of detention flows from Article 22(5) while the right to be supplied all the material on which the

grounds are based flows from the right given to the detenue to make a representation can be made and the order of detention can be assailed only

when all the grounds on which the order is based are communicated to the detenue and the material on which those grounds are based are also

disclosed and copies thereof are supplied to the person detained in his own language...

In view of this, I find the detaining authority has not duly complied with the provisions of law, which has caused prejudice to the detenue.

The petition is, therefore, allowed. Detention order No. 2400-Home-PBV of 2007 dated 31.12.2007, impugned in the present petition is

quashed. Respondents are directed to release the detenue Abdul Hayee Malik S/o Mohamad Ajmal Malik R/o Mohalla Haknawaz Shaheed Jung

Sadder, forthwith provided he is not involved in any other case.