ABDUL RASHID MALLA Vs. STATE

JUDGEMENT

(1.) ORDER :- Petitioner has been arrested on 22-10-97 in FIR No. 115/97 under Section 7/25, Indian Arms Act, registered at Police Station Lalpora. Subsequently, he has been detained under Section 6 of the Jammu and Kashmir Public Safety Act, 1978 with a view to prevent him from acting in any manner prejudicial to the security of the State, by District Magistrate, Kupwara under his Order DMK/PSA/260 of 1998 dated 23-7-1998 for a period of twenty four months. The detenu Abdul Rashid Malla, was taken in preventive detention on 1-8-1998. This order of detention is under challenge in this habeas corpus petition.

(2.) The counsel for petitioner submits that the detenu is an illiterate person, Grounds supplied to him in English language are not understood by him. The order of detention and grounds were not accompanied by any translation or transcript in the language which he understood. He was not even supplied material and documents referred in grounds of detention. Petitioner has been prejudiced insofar as he could not make any representation. The counsel further submits that the detention order suffers from non-application of mind. It has been passed in a mechanical manner by the detaining authorities. It is based on vague grounds. Though the detenu was with the State authorities from 22-10-97 in punitive detention, the order of preventive detention was ordered after about 9 months, when petitioner was not free to indulge in alleged prejudicial activities, the basis of detention order.

(3.) Mr. R. A. Khan, G.A. has submitted that the detention is in order. The detenu has been supplied the grounds as also the detention order in order to make representation. He further submits that the order is based on subjective satisfaction of the detaining authority. In para 2 of the counter, it is stated: