Point of Law : The detenu has a right, under Article 22(5), to be furnished with particulars of grounds of his detention, sufficient to enable him to make a representation, which on being considered may give relief to him.

JUDGMENT :

1. Through the medium of this writ petition, the petitioner is praying for quashment of the Order No.35/DMA/PSA/DET/2021 dated 17.10.2021, whereby the District Magistrate, Anantnag (respondent No.2), has placed the detenu, namely, Shabir Ahmad Malik S/o Abdul Rashid Malik R/o Bonagund, Verinag District Anantnag, under the preventive detention to prevent him from the activities which are prejudicial to the security of the State.

2. Reply Affidavit has been filed by respondents.

3. …….

4. Heard and considered.

5. Learned counsel for petitioner, to strengthen what has been submitted and averred in this petition, has stated that the cases mentioned in the grounds of detention have no nexus with the detenu as the cases/FIRs, heavily relied upon by the detaining authority to arrive at subjective satisfaction, had been registered way back in the year 2013 and 2016. He, thereafter, asserts that allegations made in grounds of detention are vague, non-existent and no prudent man can make a representation against such allegation and passing of detention on such grounds is unjustified and unreasonable and that detaining authority has mentioned two FIRs in grounds of detention, but according to learned counsel, the allegations against detenu are far from reality. The allegations as reflected in the grounds of detention, as vehemently maintained by learned counsel for petitioner, are vague and do not justify passing of detention order on the basis of such allegations and that detaining authority has not given any reasonable justification to pass detention order, and therefore, impugned order suffers from complete non-application of mind on part of detaining authority. It is also stated that the detaining authority has not attributed any fresh activity which would have warranted passing of the order of detention and detaining authority has in mechanical manner mentioned that normal law has not proved sufficient whereas his own grounds negate this contention. It is also stated that the detaining authority has not furnished the relevant material, like the copy of dossier, the order of detention and the connected material as per the record furnished to the detaining authority by the police and relied upon by the detaining authority for passing the impugned order of detention, nor the relevant material, like copies of FIRs, statement under Section 161 Cr. P.C. of the cases mentioned in the grounds of detention, the seizure memos, the arrest memos, the bail orders have been furnished to the detenu to enable him to make an effective representation by giving his version of facts attributed to him and make an attempt to dispel the apprehensions nurtured by the detaining authority as regards the alleged involvement of the detenu in the alleged activities, against the said order to the competent authority of the detenu in the alleged activities, against the said order to the competent authority since filing of an effective representation is a constitutional right and to enable the detenu to file such a representation it is necessary to provide him the copies of dossier, connecting material to the detenu, therefore, the constitutional right guaranteed to the detenu under Article 22(5) of the Constitution of India stands infringed.

6. Per contra learned counsel for respondents has averred that the material, which was relied by the detaining authority, was furnished to the detenu besides the grounds of detention along with the order of detention was supplied to the detenu against proper receipt and the grounds of detention are precise, proximate, pertinent and relevant, and that there is no vagueness or staleness in the grounds coupled with the definite indications as to the impact thereof, which has been precisely stated in the grounds of detention and the incidents clearly substantiate the subjective satisfaction arrived at by the detaining authority.

7. The reverence of life is insegragably concomitant with the dignity of a human being who is basi