NISSAR AHMAD MIR Vs. STATE OF J&K

JUDGEMENT

(1.) NISSAR Ahmad Mir S/o Abdul Gani Mir R/o Kralcheck Tehsil Shopian, District Pulwama, has been detained under Section 8 of the Jammu and Kashmir Public Safety Act in order to prevent him from acting in a manner prejudicial to the security of the State for a period of 24 months by District Magistrate, Pulwama, respondent No.2, under his Order No: 1/DMP of 1999 dated 09 -01 -1999. This detention order is challenged in this petition on number of grounds specified in the petition.

(2.) RESPONDENTS through respondent No.2, District Magistrate, Pulwama have filed counter.

(3.) THE Government Advocate, Mr. M. Amin, has referred to the counter, wherein the Advocate submits that the grounds of detention order have been read over and explained to the detenue in Urdu while executing the detention order on 01 -02 -1999. The grounds of the detention were received by the detenue without a murmur. The procedure prescribed by Jammu and Kashmir Public Safety Act, has been followed in letter and spirit and the detention of the detenue is in order. However, reading between the lines the counter, it can be fairly concluded that the above express and specific allegation of non supply of the material/documents, the basis of grounds of detention, has not been at all refuted.