The importance of providing complete material to the detainee and the need for specific evidence to support allegations in a detention order.

JUDGMENT :

The present petition has been filed by the petitioner, who is aggrieved by the order dated 19.05.2022 passed by the District Magistrate, Bandipora, in file of detention order bearing No. 16/DMB/PSA of 2022. By which the petitioner has been taken into preventive custody vide order dated 19.05.2022 which was executed on 21.05.2022.

2. Learned counsel for the petitioner has drawn attention of this Court to the grounds of the detention which briefly states that the petitioner is allegedly staunch follower and militant associate of banned terrorist organization Lashkar-e-Toiba and trouble monger involved in motivating and instigating the youth of Bandipora and its adjoining areas for anti-national activities and provoke the innocent population of the area for indulging in activities prejudicial to the overall security of the State. The ground of detention refers to him as an “admirer” of Laskher-e-Tobia Terrorist outfit, which is banned under the UAPA and that the petitioner is provoking the youth in the name of religion to join the militant ranks of banned outfit by misleading them. It further alleges that the petitioner has a “mental bent” towards insurgency and that he alongwith other anti-national elements are still continuing their nefarious activities as Over Ground Workers of the LeT. It further alleges that the petitioner is a person with a “fundamentalist ideology” and with the passage of time he became a “hardcore fundamentalist” providing logistic support to terrorists as Over Ground Worker for the LeT.

3. It alleges that the petitioner works on the directions of Chief Lala Umar and that he is having close association with the LeT terrorist Hashir Rafiq Parray & Jameel (eligible). He is also labeled as a potential threat to security and tranquility and that normal law of the land is not sufficient to deter the petitioner from carried out his nefarious activities. Thereafter, it list three FIRs in order to sustain the order of detention, as grounds for forming a subjective satisfaction in the mind of the detaining authority.

4. The paragraph that has been summarized hereinabove from the grounds of detention is absolutely vague, lacking in material particulars of place, time and specific action of the petitioner, and the allegations are broad based which would not give a reasonable opportunity to the petitioner to give a precise reply of denial.

5. The grounds of detention runs into three pages followed by the order of detention which is one page. Learned counsel for the petitioner has taken four grounds on the basis of which he has challenged the present detention they are:

1. The material on the basis of which the detention order was passed was not supplied entirety to the petitioner and, therefore, an effective representation could not be filed.

2. The grounds are vague which do not give reasonable opportunity to the petitioner to give a precise rebuttal.

3. The petitioner was in custody and same has not been adverted to by the State in their grounds of detention giving compelling circumstances as to why the petitioner should be detained under the provisions of the PSA while he languishes as under trial in judicial custody in FIR No. 67/2022, which is inter alia registered under Section 13 of the ULA(P) Act, Explosive Substance Act. Learned counsel for the petitioner further submits that the petitioner has not applied for bail in the said case and so obviously, bail has not been granted to the said case. As regards other two cases, learned counsel for the petitioner submits that they are stale being of the year 2016 and 2020 while detention order is of the year of 2022. He further submits that, if any, it is the last case which is of any relevance in the grounds of detention.

4. The fourth ground is the representation has not been decided.

6. Learned counsel for the Union Territory, on the other hand, submits that the petitioner is a person who poses a clear danger to the unity and integrity of nation on account of hi