The detention order must include all relevant facts, and the representation submitted by the petitioner must be considered without delay, as per constitutional obligations and relevant Supreme Court decisions.

JUDGMENT :

1. The present petition has been filed by the petitioner for quashing the order of detention bearing No. 01/DM/K/PSA of 2022 dated 07.11.2022 passed by the respondent No. 2, whereby the petitioner has been detained under the J&K Public Safety Act, 1978 (for short ‘PSA’).

2. It is stated that the petitioner has been falsely implicated in FIR No. 232/2022 dated 27.09.2022 for commission of offences under Section 363 and 364 IPC registered with Police Station, Kishtwar. The petitioner was granted bail by the court of learned Principal Sessions Judge, Kishtwar vide order dated 31.10.2022 and after her release on bail, was again arrested on 07.11.2022 under the PSA. It is also averred that the petitioner is a widow and mother of 12 years old son. The petitioner has impugned the order of detention on the following grounds:

(i) That there is only one FIR bearing No. 232/2022 registered with Police Station, Kishtwar against the petitioner and when the petitioner was granted interim bail vide order dated 31.10.2022, the respondents, instead of contesting the said bail application, issued the order of detention illegally.

(ii) That the petitioner submitted the representation dated 18.11.2022 to the respondent No.1, with copy to the respondent No.2 but no action was taken by them.

(iii) That the material relied upon by the respondent No. 2, i.e. the dossier and other documents, has not been provided to the petitioner and also the contents of grounds of detention have not been explained to the petitioner.

(iv) That the order of detention has been passed without application of mind and it is merely reproduction of the dossier, which contains distorted and fallacious allegations leveled against the petitioner.

(v) That the respondent No. 2 has not recorded any reason for detaining the petitioner despite the fact that the petitioner was granted bail.

3. The respondent No. 2 i.e. the detaining authority has filed the response. In its response, the respondent No. 2 has stated that the respondent No. 3 vide communication dated 31.10.2022 submitted a dossier along with the relevant material in respect of involvement of the petitioner in criminal and anti-social activities in District Kishtwar. On receipt of the dossier, the respondent No. 2 examined the said record and after due application of mind, issued the detention order under Section 8 of the PSA. The petitioner was informed about the order as well as the grounds of detention and the petitioner was also informed that she can approach the Advisory board either herself or through her advocate against the order of detention. Besides, she was also informed that she can make representation against the order of detention to the respondent No. 2 and also to the Government. It is further averred that the opinion of the Advisory Board was also sought and the Advisory Board in its opinion dated 30.11.2022 also opined in favour of the detention of the petitioner. The Financial Commissioner (ACS) Home also confirmed and approved the order of detention vide order dated 14.11.2022. The Home Department has issued the order dated 06.12.2022 for detaining the petitioner for the period of three months at the first instance. The detention order was executed on 08.11.2022. It is further stated that the petitioner was found to be involved in commission of offences under Sections 363 and 364 IPC which led to the registration of FIR No. 232/2022 dated 27.09.2022 and Kishtwar town is an educational centre for the residents of far-flung areas and most of the families have kept their wards at Kishtwar in rented accommodations. The petitioner, by her act, created a sense of insecurity amongst those families. It is further stated that in the execution report it is mentioned that the contents of the order of detention and grounds of detentions were read over to the detenue in English and Urdu and she signed the execution report dated 08.11.2022. Respondent No. 3 has also filed response in a similar manner as that