Point of Law: Preventive detention - Exercise of Constitutional and Statutory rights - Detenu cannot be expected to make a meaningful exercise of his Constitutional and Statutory rights guaranteed under Article 22(5) of Constitution and Section 13 of J&K Public Safety Act, 1978, unless and until material on which detention order is based, is supplied to detenu.

JUDGMENT :

1. The Order No.27/DMP/PSA/20 dated 12.09.2020, issued by District Magistrate, Pulwama, placing detenu, namely, Mohammad Maqbool Dar S/o Ghulam Ahmad Dar R/o Hariparigam Tehsil Awantipora District Pulwama, under preventive detention in terms of J&K Public Safety Act, so as to prevent him from acting in any manner prejudicial to the security of the State and directing his lodgement in Central Jail Kot Bhalwal, Jammu, has been challenged, in this writ petition through his uncle.

2. The order of detention though challenged on various grounds, yet learned counsel for the petitioner has vehemently urged that the material relied upon by the detaining authority while passing impugned detention order has not been provided to detenu to enable him to make an effective and meaningful representation. Another submission of learned counsel for petitioner is that grounds of detention are replica of police dossier.

3. Respondents, in their counter affidavit, have submitted that there is no illegality in the order of detention, as it was necessary to place the detenu under preventive detention. The detenu has been indulging in activities which are prejudicial to the security of the State. The grounds taken by the detenu are said to be legally misconceived, untenable and without any merit. It is further contended that the grounds of detention are precise, proximate and relevant. The detenu was also informed to make his representation to the Government against his detention order. The warrant was read over and explained to him and the order has been passed after proper application of mind. Detention record has also been produced by the learned counsel for respondents.

4. I have heard learned counsel for the parties and considered the matter.

5. The main ground taken by the detenu, in this writ petition, is that he was not in a position to make an effective and meaningful representation either to the detaining authority or to the Government against his detention because he was not provided the material by the detaining authority, thus, there is violation of provisions of Article 22 (5) of the Constitution of India and in absence of such material he was prevented from making an effective representation.

6. To evaluate the submissions made by learned counsel for parties vis-à-vis furnishing of material to detenu that has been relied upon by detaining authority while issuing impugned detention order, it would be appropriate to go through the detention record, produced by learned counsel for respondents. Detention record contains, amongst others, Execution Report, which reveals that only four leaves have been furnished to detenu. It does not show or suggest that detenu has been furnished copy of dossier, copies of FIR and other relevant material relied upon by detaining authority while issuing impugned detention order.

7. Bare reading of impugned detention order divulges that Sr. Superintendent of Police, Awantipora, vide his letter no. Pros/PSA/2020/68-71 dated 09.09.2020, produced dossier, material record, and other connected documents in respect of detenu and it was only after perusal thereof that impugned detention order has been issued by detaining authority. Grounds of detention attribute various incidents and instances to detenu and mention that detenu has been instigating/provoking the masses against the government and his persistent involvement in antinational activities is posing severe threat to the security of the State. Detention record also mentions lodgment of one FIR against the detenu. The material, relied upon by detaining authority, thus, assumes significance in the facts and circumstances of the case. It needs no emphasis, that the detenu cannot be expected to make a meaningful exercise of his Constitutional and Statutory rights guaranteed under Article 22(5) of the Constitution of India and Section 13 of the J&K Public Safety Act, 1978, unless and until the material on which the detention order is based, is supplied to the de