Challenge to order No. DMK/PSA/2011/48-53 dated 14.05.2011, of District Mag#31;istrate, Kishtwar - respondent No.2 herein, whereby one Shri Azhar Ali son of Ghulam Mohd Butt resident of Village Kejai Tehsil Padder District Kishtwar (hereinafter referred to as "detenue") has been placed under preventive de#31;tention, must succeed for following rea#31;sons:-

1. Article 22(5) Constitution of In#31;dia provides a precious and valuable right to a person detained under pre#31;ventive detention law - J&K Public Safety Act 1978, to make a representa#31;tion against his detention. It needs no emphasis that a detenue, on whom pre#31;ventive detention order is slapped, is held in custody without a formal charge and trial. The detenue is held in cus#31;tody on a mere suspicion that his ap#31;prehended activities may be prejudicial to the maintenance of public order or security of the State. Article 22(5), Con#31;stitution of India and Section 13 of the Act, thus make it obligatory for Detain#31;ing Authority to provide detenue an earliest opportunity of making an effec#31;tive and meaningful representation against his detention. The object is to enable detenue to convince Detaining Authority a

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