1

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

WP(Crl ) No. 149/2020

Reserved on : 06.04.2022

Pronounced on:13 .04.2022

Sadam Hussain Mir

…..Petitioner(s)

Through: Mr.Musavir Mir, Advocate.

V/S

UT of J&K and Ors.

….. Respondent(s)

Through: Mr. Asif Maqbool, Dy., AG vice

Mr. Iliyas Laway, GA

CORAM:

HON’BLE MR. JUSTICE M.A.CHOWDHARY , JUDGE

JUDGMENT

1. District Magistrate, Baramulla – respondent no.2 herein, by Order

no.94/DMB/PSA/2020 Dated 17.06.2020, has placed Sadam Hussain

Mir S/o Ghulam Mohammad Mir R/O Mir Mohalla Brath Kallan,

Sopore District Baramulla (for short <detenu=) under preventive

detention to prevent him from acting in any manner prejudicial to the

security of the State and directed his lodgment in Central Jail Jammu.

It is this order of which petitioner is aggrieved and seeks quashment

thereof.

2. The counter Affidavit has been filed by the respondents, wherein the

petition has been strenuously resisted by respondents. The detention

record has also been produced by the learned counsel for the

respondents to substantiate the statements made in counter affidavit.

3. Having heard learned counsel for parties and perused the file, it would

be proper to go through the detention record, produced by the counsel

for the respondents, so as to see whether the material, relied upon by

detaining authority while issuing the impugned detention order, has

been furnished to the detenu or not. The detention record, amongst

others,

comprises

of

<Receipt

of

Grounds

of

Detention=,

2

acknowledged by detenu, as also <Execution Report= of the detention.

A perusal of <Receipt of Grounds of Dentation=, reveals that only 02

leaves have been given to detenu. For quick reference, relevant extract

of <Receipt of Grounds of Detention= is reproduced as under:

<Receipt of Grounds of Detention

Received grounds of detention issued by District

Magistrate Baramulla vide order No.94/DMB/PSA/2020 dated

17.06.2020 in English consisting of 02 leaves through

Superintendent District Jail Kupwara……

4. Perusal of above quoted portion of <Receipt of Grounds of

Detention=, would reveal that the detenu has not been furnished the

material, viz. copy of FIR; copy of Dossier; copy of arrest memos;

statements of witnesses; and other related documents, at the time of

execution of the detention order or immediately thereafter. Same is

true about Execution Report.

5. Perusal

of

impugned

detention

order

reveals

that

Senior

Superintendent of Police, Sopore, vide his letter no.Pross/PSA/2020/

17278 dated 5.6.2020 has produced material record, such as dossier

and other connected documents viz copy of FIR No. 301/2019 and

seizure memo etc. in respect of detenu and it was only after perusal

thereof that impugned detention order has been issued by detaining

authority. The grounds of detention make reference of case FIR

no.301/2019, to have been registered against detenu. Involvement of

detenu in aforesaid case appears to have weighed with detaining

authority, while making detention order. The record, as noted above,

does not indicate that copies of aforesaid First Information Report,

statements recorded under Section 161 Cr.P.C. and other material

collected in connection with investigation of aforesaid case, was ever

supplied to detenu. The abovementioned material, thus, assumes

significance in the facts and circumstances of the case.

6. It needs no emphasis, that detenu cannot be expected to make a

meaningful exercise of his Constitutional and Statutory rights

guaranteed under Article 22(5) of the Constitution of India and

Section 13 of the J&K Public Safety Act, 1978, unless and until the

material on which detention order is based, is supplied to detenu. It is

only after detenu has all the said material available that he can make

an effort to convince detaining aut