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2003 Supreme(Online)(J&K) 8

JAMMU AND KASHMIR HIGH COURT
, J
Javid Ahmed Khan – Appellant
Versus
District Magistrate Srinagar – Respondent


Advocates:
For the Appellants/Petitioners: Not stated
For the Respondents: Not stated

Table of Content
1. discussion on grounds of detention non-communication. (Para 1 , 2 , 4)
2. analysis of detaining authority's satisfaction. (Para 5 , 6)
3. citations reinforcing the right to material supply. (Para 7 , 8)
4. final ruling quashing the detention order. (Para 9)

1. Subject Javid Ahmed Khan is detained by District Magistrate Srinagar (respondent No. 2) on 15-1-02 under S. 8 of J. and K. Public Safety Act, 1978 under his order No. DMS / PSA / 49 dated 15-1-02. This order has been implemented and detenu taken in preventive custody. The order and the consequent detention is under challenge in this petition. Notwithstanding the number of grounds taken the petitioner's counsel urges lone ground to canvass that detention is vitiated for non - supply of record and material referred in the grounds and thereby the detenu is disabled to make an effective and meaningful representation against the order to Government within the meaning of Art.22(5) of the Constitution.

2. Ld. Counsel for the respondents submits that the grounds of detention have been supplied to detenu and the detenu has been afforded sufficient opportunity to make representation which he has not done. The counsel furt













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