JUDGMENT

The District Magistrate, Baramullah vide his Order No. 143/DMB/PSA/2019 dated 30.03.2019, has placed Abdullah Bin Mohd. Janwari S/o Sh. Ghulam Mohammad Janwari under detention under section 8 of the Jammu and Kashmir Public Safety Act, 1978 in the interest of the security, sovereignty and integrity of the State. This detention order has been challenged by the petitioner through his brother in the present petition.

2. The order of detention has been assailed by the detenu on the following grounds:

(i) that the detaining authority has not shown any compelling reason for passing an order of detention since the detenu had already in custody.

(ii) that the material relied upon dossier was not furnished to the detenu for making representation, particularly the dossier has not been provided to him.

(iii) that the detenu has not been informed to which authority, a representation is to be made by the detenu, thereby preventing him from making effective representation and, as such, is in violation of the Article 22(5) of the Constitution of India.

(iv) that the detaining authority neither provided the grounds of detention nor explained the same to him in the language which he understand, thus, deprived him from the right to make an effective representation

3. Mr. Asif Maqbool, learned Deputy Advocate General has filed counter affidavit as well as produced the record. It is contended that the detenu was also supplied all the relevant material relied upon by the Detaining Authority to enable him to make an effective representation, but he chosen not to do so. The impugned detention order was passed on 30.03.2019 with a view to prevent the detenu from helping and providing logistic support to the transportation of local and foreign militants in LeT outfits as the same were prejudicial to the security of the State. The detenu was detained in order to prevent him from indulging in such activities. The detenu was also informed that he could make representation against the impugned order of detention to the Government as well as to the District Magistrate, Baramulla, but despite being informed of the same, he has not made any representation to any of the authorities.

4. The detenu was apprehended by police on 13.02.2019 for his involvement in FIR No. 07/2019 under Section 18/39 of Unlawful Activities (Prevention) Act, 1967, therefore the Detaining Authority, while passing order of detention was aware of the fact that the detenu was in custody. The grounds of detention are precise, proximate and relevant. The detention order is passed after the subjective satisfaction arrived at by the detaining authority.

5. Heard learned counsel for the parties and perused the record.

6. Perusal of the record reveals that the Detaining Authority in the grounds of detention has stated as under :-

“…….You on the directions of LeT militants transported a group of militants comprising 02 foreign and 01 local militants of LeT outfit from Mawar Handwara to Tujjar Sharief Sopore on 01-02-2019 and thereafter you received some amount from On 13-02-2019, Police Station Bomai received an information through reliable sources that one Mohammad Abdullah Janwari S/O Gh Mohammad Janwari R/O Sideeq Colony Sopore is motivating youth of area Zaingeer to join militancy and is providing all sorts of assistance to the militants of LeT outfit for doing subversive/militancy related activities. On this case FIR No. 07/2019 U/S 18,39 ULA(P) Act stands registered in Police Station Bomai which is underinvestigation. Copy of FIR/Seizure memo/Disclosure Memo/ Arrest memo/Statements U/S 161 Cr,PC are enclosed marked as annexure “A to F”.

In view of the above mentioned facts, it is clear that you are a strong OGW of banned LeT outfit and is providing every possible support to the terrorists for doing subversive /criminal activities. If you will be allowed to move freely it will become fatal for security agencies for the maintenance of security of the area Sopore. Your activities remai