The right to be communicated the grounds of detention and the material on which the grounds are based, as well as the timely disposal of the detenue's representation, are essential procedural safeguards in preventive detention cases.

JUDGMENT :

1. The present Habeas Corpus Petition has been filed by the detenu-Junaid Haroon Rashid Rather, S/o Haroon Rashid Rather, R/o Vehil Shopian, Tehsil & District Shopian through his father Haroon Rashid Rather, challenging his order of detention No. 89/DMS/PSA/2021, dated 18.10.2021, passed by the District Magistrate, Shopian, detaining him under the provisions of Jammu and Kashmir Public Safety Act, 1978, with a view to prevent him from acting in any manner which is prejudicial to the security of the State.

2. The petitioner seeks quashing of the order of detention on the grounds that; (i) the procedural safeguards provided to him under the Constitution of India and in terms of J&K Public Safety Act, have not been complied with by the Detaining Authority. (ii) the grounds on which the Detaining Authority has derived its satisfaction are vague, obscure, ambiguous and are not connected with the detenue and, as such, no effective representation can be made against these allegations, therefore, this detention bad. (iii) the detenue had moved are presentation, immediately after his detention but the same has not been considered and this has resulted in infraction of the rights guaranteed to the detenue. (iv) all the material relied upon by the Detaining Authority, while passing the order of detention has not been supplied to the detenu, thus, the detenue has not been able to make an effective representation.

3. Mr. Ilyas Laway, learned G.A. has filed counter affidavit as well as produced the record of detention.

4. Learned counsel for the respondents submits that the activities of the detenue are highly prejudicial to the security of the State, as such, he was detained to prevent him from such actions. All the procedural safeguards and constitutional guarantees were duly complied with by the Detaining Authority. The grounds of detention, order of detention as well as entire material relied upon by the Detaining Authority has been provided to the detenu and he was also informed of his right to make a representation against the order of detention.

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

6. The first contention raised by the detenue is that all the material relied upon by the Detaining Authority has not been provided to him. The detenue has only received the grounds of detention consisting of (05) leaves on 21.10.2021, as per the receipt of grounds of detention but the dossier and other material relied upon by the Detaining Authority has not been provided to the detenue. The detention order dated 18.10.2021 reflects that the same is based on the dossier placed before the Detaining Authority by the Senior Superintendent of Police, Shopian. The detenue was thus prevented from making an effective representation due to non-supply of entire material relied upon by the Detaining Authority while arriving at a subjective satisfaction. In order to make an effective representation, the detenue must know, what weighed with the Detaining Authority while passing the order of detention and non-supply of the same has hampered him from making an effective representation.

7. This non-supply of material had prevented the detenue from making an effective and purposeful representation and failure in supplying the same has rendered the detention unsustainable in law.

8. In view of the law laid down in Sophia Ghulam Mohd. Bham v. State of Maharashtra & Ors., AIR1999 SC 3051, the Apex Court observed as under:

-"... The right to be communicated the grounds of detention flows from Article 22(5) while the right to be supplied all the material on which the grounds are based flows from the right given to the detenu to make a representation against the order of detention. A representation can be made and the order of detention can be assailed only when all the grounds on which the order is based are communicated the detenu and the material on which those grounds are based are also disclosed and copies thereof are supplied to the pers