1. Mohd Iqbal Banday has filed this petition through his father Ghulam Mohd Banday, seeking quashing of his detention Order No. 53/DMB/PSA/10 dated 12.03.2010 issued by District Magistrate, Baramulla under Section 8 of the Jammu and Kashmir Public Safety Act, 1978.

2. The grounds of detention reveal that detenue is a released militant of AI Jahad and works as a Painter and sign board writer by profession. He is a determined anti-social element and has been always on the forefront to participate in antinational activities. The detenue was always provoking people to observe strikes, processions against the Government and had caused law and order problems in and around Baramulla town. It is further stated that on 19.2.2006, he attacked one Mohd Ramzan Gojri S/o Gh. Qadir Gojri R/o Drangbal working as Chowkidar in Bus stand, Baramulla and inflicted serious injuries to him with a sharp edged weapon. In this regard FIR No. 268/2006 U/S 307, 324 RPC stands registered in Police Station Baramulla. It is stated that he motivated and instigated the people in stone pelting, organized masses and youth in anti-government protests and rallies and participated regularly in stone pelting on Government establishments, shops and plying vehicles. He organized public address program for Syed Ali Shah Geelani, by preparing sign boards and in this regard case FIR No. 254/2009 U/S 13 ULA, 153 RPC was registered in Police Station, Baramulla. On 19.02.2010 an unruly mob headed by the detenue resorted to stone pelting after Friday prayers in Main Chowk, Baramulla resulting in injuries to some police personnel and damage to the public property. In this regard Case FIR No. 44/2010 under Sections 148, 149, 336, 427 RPC and 3 P.P. Damages Act was registered against him in Police Station, Baramulla. It is, in these circumstances that the respondents have detained the detenu under Section 8 of the J&K Public Safety Act, 1978.

3. The petitioner has questioned the order of detention on the following grounds:

(a) That the detenue was in custody at the time of passing of the order of detention and has not applied for bail and there is no compelling reason and cogent material on the basis of which detention order has been passed against the detenue, as such, detention order is bad in law.

(b) That the dossier and material referred and considered by the detaining authority have not been supplied to the detenue and only copy of detention order has been served on him, which debars the detenue in making effective representation as contemplated under Article 22(5) of the Constitution of India.

4. I have considered the submissions of learned counsel for the parties and perused the detention records produced by learned State counsel.

5. While examining the contention of the petitioner, it be seen that the grounds of detention clearly mentions that detenue was involved in antinational activities by organizing demonstrations which were intended not only to disrupt the peace in the area but also to put the security of the State in jeopardy. Specific instances have been indicated in the grounds of detention, more particularly in ground no.5, where it has been stated that the detenue was heading an unruly mob of stone pelters which resulted in injuries to police personnel deployed for law and order and damage to public property at main chowk Baramulla. Ground no.4 also makes a mention that the detenue was regularly involved in the stone pelting on government establishments, shops and plying vehicles, particularly on hartal calls. It is further indicated that on 30.10.2009 the detenue organized public address programe of Syed Ali Shah Geelani, by preparing sign boards, banners and even by providing his maruti van for organizing said rally. An FIR in this respect already stands registered in Police Station Baramulla.

6. What is in fact conveyed in the detention order are the specific instances, places and dates so as to make the detenue aware about the reasons for his detention.

7. The

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