1.By medium of this writ of habeas Corpus, the detention order No : PSA /DM -BUD/PA -87/21 dated 28-8-1987 , passed by the District Magistrate, Badgam Under section 8 of the Public Safety Act (here in after) referred to as Act) detaining Ama Lone S/o Sula Lone R/o Kachwari, Tehsil and District Badgam, has been challenged on various, grounds, as in the petition.

2. The respondent/detaining authority has filed his counter affidavit.

3.Heared learned counsil for the parties.

4. The ground No : 1 is very vague and has no nexus with the object sought to be achieved, in detaining the detenue. Because the detenue happens to be a resident of a village which is surrounded by forests does not necessarily mean that he was a timber smuggler.

5. The ground No : 2 also suffers from the same vice as ground No : 1. When was the detenue feeling the trees and in which forest, is not mentioned ? which were his hideouts where he used to conceal the said timber is not indicated ? who were the poor labourers whom he engaged to fell and transport the said timber, is not stated anywhere?

6 The ground No : 3 is also very vague and also non-existent and irrelevant.

7. As regards ground No ; 4, a criminal case already stands registered against the detenue under the ordinary criminal law, and for that, he will be tried in a court of law. How was that single act of the detenue sufficient to invoke the provisions of the Act, is not understandable? There should have been some definite material before the District Magistrate to show that the detenue would indulge in the alleged activities in future also, and for that, his preventive detention was required. Neither any such material has been placed before this Court and nor any furnished to the detenue. Non-supply of material to the detenue infringes his fundamental right of making an effective representation un-constitutional,

8. The grounds of detention supplied to the detenue is a copy of the police dossier, which was placed before the District Magistrate for his subjective satisfaction in order to detain the detenue. This shows total non-application of mind on the part of the detaining authority. He has dittoed the police direction without applying his mind to the facts of the case.

9. The grounds of detention have been supplied to the detenue in English language, who is reported to be illiterate. This must have deprived him of his right to make an effective representation against the order of his detention.

10. In AIR, 1987, S. C : 1192 it has been held that the detenue has to be informed about the grounds of detention in a language which he understands. In the matter of preventive detention, the test is not one of prejudice but one of strick compliance with the provisions of the Act, and when there is a failure to comply with those requirements, it becomes difficult to sustain the order.

For the above mentioned reasons, I allow the writ petition and hereby quash the order of detention impugned. The detenue is ordered to be set at liberty forthwith. The Superintendent, Central Jail, Srinagar, be informed accordingly. The file be consigned to records.

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