The detenu's right to make an effective representation and the necessity of providing all material relied upon for the detention as per Article 22(5) of the Constitution of India.

JUDGMENT :

1. The petitioner has assailed the detention Order No. 32/PSA of 2022 dated 04.11.2022 issued by the District Magistrate, Ramban, in this petition. By virtue of the impugned detention order, the District Magistrate, Ramban, (hereinafter referred to as ‘Detaining Authority’) in exercise of powers under Section 8 of the J&K Public Safety Act, 1978, has placed the Liaqat Ali (hereinafter referred to as ‘detenu’) in preventive custody under the provisions of Public Safety Act to prevent him from acting in any manner prejudicial to the maintenance of public order.

2. The detenu, aggrieved of the detention order, has challenged its legality and validity on the grounds that; (i) there is total non-application of mind by the Detaining Authority while passing the order of the detention, the Detaining Authority has relied on the dossier submitted by SSP, Ramban, without recording its subjective satisfaction; (ii) all the relevant material relied upon by the Detaining Authority while passing the order of detention has not been provided to the detenu enabling him to make an effective representation before the Detaining Authority; (iii) the grounds of detention mentioned in the detention order are a verbatim copy of the dossier, as such, there is total non-application of mind; (iv) the detenu has made a representation through proper channel to the Detaining Authority but the same has not been considered by the respondents which has resulted in infraction of the constitutional and statutory rights available to the detenu.

3. Mr. Eishaan Dadhichi, learned Government Advocate, has filed the counter affidavit and also produced the detention record. It is submitted by him that the activities of the detenu were highly prejudicial to the maintenance of public order, as such, the detenu was detained vide order dated 04.11.2022 passed by the District Magistrate, Ramban, in accordance with the provisions of Public Safety Act. It is pleaded that the detention order, grounds of detention as well as all the other material relied upon by the Detaining Authority was supplied to the detenu. The procedural safeguards prescribed under the Public Safety Act and other rights guaranteed to detenu under the Constitution of India have been followed.

4. Heard learned counsel for the parties and perused the detention record.

5. Learned counsel for the detenu has raised number of grounds in support of his contentions but during the course of arguments has laid stress on the contention that the detenu was not provided all the material which formed the basis of the grounds of detention.

6. Perusal of the detention record reveals that all the material relied upon by the Detaining Authority while passing the order of detention has not been provided to the detenu. The execution report reveals that respondents have provided order, relevant material and documents to the detenu. The receipt of grounds of detention reveals that the detenu has been provided only 5 leaves through, it appears that the detenu has not been provided dossier and other relevant material relied upon by the respondents while passing the detention order. The detention of the detenu is based on the police dossier of SSP, Ramban and this dossier has not been provided to the detenu. The detenu must know what weighed with the Detaining Authority while passing the order of detention in order to make an effective representation.

7. The detenu has a right to make an effective representation but an effective and purposeful representation can only be made if the detenu is provided all the material as per the Rights available to him under Article 22(5) of the Constitution of India. The failure on the part of the Detaining Authority in supplying the material has rendered his detention illegal and unsustainable.

8. Article-22(5) of the Constitution of India provides that when any person is detained, the Detaining Authority shall, as soon as possible may be, communicated to the detenu, the grounds on whi