Preventive detention must adhere to constitutional safeguards, including informing the detainee of their right to representation.

1.This is a Habeas Corpus petition challenging the order of preventive detention No. Home / PB - V / 655/2016 dated 19.08.2016 passed by the Principal Secretary to Government, Home Department, herein respondent No. 1, whereby, in exercise of powers under S.8(1)(a)(i) read with S.19(2) of the Jammu and Kashmir Public Safety Act, 1978 (for short the Act), the petitioner, Rehmatullah, has been detained in preventive detention with a view to prevent him from acting in any manner prejudicial to the security of the State.

2. Few important facts, as they are evident from the pleadings and record produced on behalf of the respondents, have been noticed and need to be stated:

2(a) The preventive detention of the petitioner was initially ordered by the District Magistrate, Doda, herein respondent No. 2, vide order No. 01-09 / PSA / DM / Doda / 2016 dated 12.08.2016. This order was issued pursuant to and on the basis of a dossier furnished by the Senior Superintendent of Police, Doda. This order in its substance reads:

'1. Whereas, I, District Magistrate, Doda am satisfied with a view to prevent Rehmatullah S/o Abdul Rashid Padder R/o. Dessa A/p Akramabad, Doda, Tehsil and District, Doda,from acting in a manner prejudicial to the security of the State as well as to the maintenance of public order, as it is necessary to do so.

2. Now, therefore, in exercise of the powers conferred on me, under S.8 of the J&K Public Safety Act, 1978, I, District Magistrate, Doda do hereby order that Rehmatullah S/o Abdul Rashid Padder R/o. Dessa A/p Akramabad, Doda, Tehsil and District, Doda be detained in Central Jail, KotBhalwal Jammu for the period, to be determined by the Advisory Board.' (underlining by me)

2(b) Intimation in terms of S.13 of the Act was issued to the petitioner by respondent No. 2 vide his No. 10-13 / PSA / DM / Doda / 2016 dated 12.08.2016, whereby he was informed inter alia that he may make representation to the Government against the detention order (supra).

2(c) The detention order dated 12.08.2016 (supra) was challenged by the petitioner in HC(W) No. 53/2016 before this Court. The said order, however, was revoked by the Government vide Government order No. Home / PB - V / 654/2016 dated 19.08.2016 and on the same day respondent No. 1 issued the impugned detention order, thereby ordering preventive detention of the petitioner with a view to prevent him from acting in any manner prejudicial to the security of the State. The earlier Habeas Corpus petition filed by the petitioner, therefore, came to be dismissed on 09.02.2017 as having become infructuous. The reason for revoking the detention order dated 12.08.2016 is given in penultimate para of the revoke order, which reads:

'Whereas, in the grounds of detention, it has been stated that the activities of the subject are prejudicial to the Security of the State and maintenance of Public order. The detention order dated: 12-08-2016 passed by District Magistrate, Doda in respect of Rehmatullah S/o Abdul Rashid Padder R/o Dessa A/P Akramabad Doda City, Tehsil and District Doda, is not legal, on account of technical defect.' 

(underlining by me)

3. As per the reply filed on behalf of the respondents, the detention order dated 19.08.2016 was executed on 26.08.2016, it was approved by the State Advisory Board on 27.09.2016 and was approved by the Government vide Government order No. Home / PB - V / 1865/2016 dated 27.10.2016 for an initial period of six months. The detention has been extended further from time to time.

4. The petitioner has challenged the impugned detention order dated 19.08.2016 inter alia and primarily on the ground that the d