Amarjeet Singh vs State of Jammu & Kashmir and Others

J.P. Singh, J.—Heard learned counsel for the parties and perused the Detention Records made available by the learned State counsel.

Material relied upon by District Magistrate, Jammu, i.e. Police Dossier of Senior Superintendent of Police, Jammu and copies of FIR Nos.

84/1991, 55/1991, 63/1999,-48/2001, 47/2002, 50/2003, 111/2004, 14/2005, 91/2005, 126/2005, 98/2007, 137/2007, 162/2008, 28/2009,

111/2009, 120/2010 and 52/1996 under Sections 452/323/294/109/504/148/341 RPC and 48 of Excise Act registered at Police Station,

Bishnah while contemplating Amarjit Singh alias Kaka's detention in Preventive Custody u/s 8 of the Jammu and Kashmir Public Safety Act, 1978,

having not been supplied to the detenu, as it so appears from the Detention Records, which indicates that all that was supplied to the detenue was

the Grounds of Detention and nothing beyond that, deprives him of his right to make Representation against the detention to the Government, in

that, supplying of only the Grounds of Detention, sans the material, on the basis whereof, the Grounds of Detention were drawn, may not be

sufficient compliance of the provisions of Section 13 of the Jammu and Kashmir Public Safety Act and Article 22(5) of the Constitution of India,

for, effective Representation against detention by the detenu, contemplated by the provisions referred to hereinabove, may not be conceived unless

all the material that had weighed with the Detaining Authority in issuing the Detention Order, was supplied to the detenu so that he had full

opportunity to make such submissions and raise such pleas as may like so to do on the basis of the material relied upon by the Detaining Authority

in issuing orders for his detention in preventive custody.

The petitioner's learned counsel's contention that the petitioner was deprived of his right to make effective Representation against his detention

because of Detaining Authority's omission to supply him all the material that had weighed with the Detaining Authority, therefore, succeeds.

Amarjit Singh's detention ordered vide District Magistrate, Jammu's order No. 04/PSA of 2011 dated 17.3.2011 cannot therefore, be

sustained.

For all what has been said above, this Habeas Corpus Petition is, therefore, allowed quashing District Magistrate, Jammu's order No. 04/PSA

of 2011 dated 17.3.2011.

A direction shall issue to the respondents to set Amarjit Singh- detenu to liberty forthwith unless he was required in any other case.

Detention Records be returned to the learned State Counsel.