JUDGMENT :

Tashi Rabstan, J.

District Magistrate, Srinagar–respondent no.2 (for brevity “detaining authority”), has, by Order No. DMS/PSA/46/2021 dated 09.10.2021, placed Sh. Abdul Karim Khuroo S/o Mohammad Ramzan Khuroo R/o Shah Colony, Parimpora, Srinagar (for short “detenue”) under preventive detention, with a view to prevent him from acting in any manner prejudicial to the maintenance public order. It is this order, of which petitioner is aggrieved and throws challenge thereto on the grounds tailored in petition on hand.

2. The detention order has been challenged on the grounds that copies of the material/documents relied by the detaining authority in the grounds of detention has not been supplied to the detenu. It is contended that in some of the FIRs mentioned in the grounds of detention challans have already been filed, however, the same has not been disclosed in the grounds of detention, which shows that the detaining authority has not properly applied its mind while issuing the impugned detention order. It is submitted by the petitioner that there is a civil dispute pending between one Fayaz Ahmed Wani and the petitioner before the competent court of law and the said Fayaz Ahmed Wani has manipulated by lodging a complaint against the detenue and resultantly, the detaining authority has issued the impugned detention order.

3. The grounds of detention reveals that the Senior Superintendent of Police, Srinagar vide communication dated 01.10.2021 as submitted a dossier for issuance of warrant for detention under J&K Public Safety Act on the premise that the detenue is in real estate business as a land broker around the Srinagar city, has cheated innocent people by way of grabbing their hard earned money and in order to grab huge money from innocent people, the detenue started making fake documents/ agreements/deeds, thus his activities are alarming and possible threat to public order. The grounds of detention further reveals that numerous FIRs, such as, FIR Nos. 372/2019 & 221/2021 have been registered against the detenue with Police Station, Parimpora and FIR Nos. 17/2017, 40/2018 & 01/2019 have been registered with the Crime Branch, Kashmir. It is further revealed that the detenue has been an elusive land broker against whom District Police Srinagar has already under taken action in terms of substantive laws but the same has not been proved to be sufficient and despite several warnings the detenue has never mend his ways and has remained continuously engaged in such illegal activities, as a result of which the other people are also indulging in same menace, therefore, the District Magistrate, Srinagar has issued the impugned detention order against the detenue.

4. Counter affidavit has been filed by the respondents and detention record has also been produced before the Court. As per the execution report, the detention warrant has been executed by one PSI Kawsar Rehman No. 72/PAU PID No. EXK-196070 of Police Station, Parimpora and the detenue has been lodged in jail on 13.10.2021. The execution report further reveals that the content over leaf have been read over and explained to the detenue in Urdu/English and Kashmiri languages which he understood fully. It further reveals that the detenue has also been informed that he can make representation to the Government against his detention if so desires.

5. In the receipt dated 13.10.2021 annexed with the grounds of detention it is mentioned that the detenue has received four leaves through Assistant Superintendent District Jail Baramulla on 13.10.2021, however, it has not been detailed that which document has been provided. In the grounds of detention the detaining authority has mentioned five FIRs, the grounds of detention consists of two leaves and the dossier consists of three leaves and there are also other connected documents, which clearly reveals that the detenue has not been provided the complete material/documents as relied by the authority in the grounds of detentio