LAWS(J&K)-2000-6-8

MUSHTAQ AHMAD GANAI Vs. STATE

Decided On June 02, 2000
Mushtaq Ahmad Ganai Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) MUSHTAQ Ahmad Ganai is detained under order DMS/PSA/62 dated 06 -08 -1999 of District Magistrate, Srinagar under section 8 of the Jammu and Kashmir Public Safety Act, 1978, with a view to prevent him from acting in any manner prejudicial to the security under the warrant on 03 -11 -1999. This order is under challenge in this petition.

(2.) IT is alleged that the detenue has not been informed of his right to make a representation against the detention. He has not been explained the grounds of detention. He has not been supplied copy of the detention order and is not aware about the basis of detention. It is further pleaded that the material and documents, the basis of the grounds have not been supplied to detenue. He is legally incapacitated from making a meaningful representation.

(3.) IN reply petitionerâ„¢s detention by District Magistrate under his orders as above, is not refuted. He is stated to be taken in detention on 03 -11 -1999. It is stated that the grounds as also the order were served on the detenue, who was explained its contents in the language which he understood. He was also informed of his right to make a representation. The record/ material was supplied to the detenue.