Preventive detention requires clear grounds and sufficient material to justify the detention, ensuring the detainee's right to make an effective representation is upheld.

JUDGMENT :

1. This petition has been filed at the instance of the detenue by his wife, thereby, challenging detention order passed by District Magistrate Srinagar- respondent No. 2, bearing No. DMS/PSA/17/2024 dated 13.07.2024, for short impugned order, whereby detenue namely Miyan Muzaffer S/o Miyan Mohammad Yousuf R/o Barzulla Bulbulgagh, Srinagar, has been detained under the provisions of Section 8 of the Jammu & Kashmir Public Safety Act, 1978, hereinafter for short as Act, on the ground that his activities are prejudicial to the maintenance of Security of the State and directed to be lodged at district Jail, Kathua Jammu, where he is undergoing detention.

FACTUAL MATRIX

2. The detenue was arrested during the intervening night of 13^th/14th of July 2024, by police station, Saddar. Neither the detenue nor his family members were apprised about the reason of his arrest. It was in the morning hours of 14^th of July 2024, the detenue was told that he has been detained under provisions of the Act. It is stated that detenue was not provided with the order of detention, grounds of detention or any other relevant documents, on the basis whereof the impugned order was passed by the District Magistrate, Srinagar. Thereafter detenue was taken to District Jail, Kathua, where Superintendent of Jail provided him with a copy of the order of detention and grounds of detention, besides, a copy of communication no. DMS/PSA/Jud/97-1000/2024 dated 13.07.2024, issued by District Magistrate, Srinagar, whereby, the detenue was advised that he may inform the Home department, if he would like to be heard in person by the Advisory Board and also may make a representation against the order of detention, in pursuance to Sub Section (1) of Section 13 of the Act. It was only after the documents were furnished to the detenue, a representation dated 23.07.2024 was sent on 25.07.2024, by the wife of the detenue to the Principal Secretary to Government Home Department through post and by hand to District Magistrate Srinagar.

3. The petitioner has assailed the order of detention dated 13.07.2024 on the following grounds-:

(a) The detention order mentions about the dossier which was submitted by the Senior Superintendent of Police, Srinagar for issuance of warrant of detention, after examination of the dossier, District Magistrate passed impugned order, but the same has not been provided to the detenue.

(b) The representation submitted to the Government as well as to the District Magistrate, Srinagar on 23.07.20 24, has not been considered by the respondents, and if at all considered the decision has not been communicated to the detenue.

(c) The grounds which have been taken into consideration by the District Magistrate Srinagar, are not supported by any document produced before him. District magistrate Srinagar has passed order of detention on vague and irrelevant grounds. Till date, no FIR has been registered against the detenue, which is also clear from the grounds of detention.

(d) District Magistrate has failed to substantiate that the provisions of normal law have not been found sufficient to stop the detenue to indulge into the activities mentioned in the grounds of detention, in absence of any FIR or complaint against the detenue, how the detaining authority has come to the conclusion that the normal law was not found sufficient to stop him from indulging in the activities mentioned in the grounds of detention. This clearly reflects non-application of mind by the detaining authority.

(e) In the grounds of detention, no incident has been supported by any document as to in what manner detenue was responsible for violence in the valley, and when such incident had happened, it has also not been reflected when the strike has been called and how the detenue has become an instrument in compelling people to go for strike. Moreover, no specific year, month and date has been referred with respect to any of the alleged activity being carried out by the detenue.

(f) The gro