PASHA Vs. COLLECTOR AND DISTRICT MAGISTRATE ADILABAD

JUDGEMENT

(1.) This is an application to issue a writ of habeas corpus filed through jail by Pasha alias Azad Pasha, detained under Section 3(3) of the National Security Act, 1980. The Collector and District Magistrate. Adilabad, passed the order of detention on 6-4-1981 and while the detenu was absconding he was arrested only on 14-5-1981 and the grounds of detention were served on him both in English and in Urdu on 18-5-1981.

(2.) After the petition was admitted and numbered, Sri Mukarramuddin, the learned advocate, had instructions from the detenu to appear and accordingly he appeared before us for the detenu.

(3.) The learned counsel firstly submitted that the grounds are not correctly translated into Urdu and therefore the detenu was not given proper opportunity to make an effective a representation. It is also his submission that some of the grounds are vague. It is his further submission that the contents of some of the grounds and certain averments made in the counter-affidavit indicate that the detaining authority has relied upon some material which was undisclosed to the detenu. It is lastly submitted that all the material relied upon by the detaining authority has not been supplied to the detenu. For all these reasons, according to the learned counsel, the detention is illegal as there is violation of Art. 22(5) of the Constitution of India inasmuch as the detenu has not been afforded a real opportunity enabling him to make an effective representation.