WAQAR AHMAD MIR Vs. STATE OF J&K

JUDGEMENT

(1.) THIS Habeas Corpus Petition is directed against the order of detention DMS/PSA/99 -112 dated 09 -11 -1999 of District Magistrate Srinagar, whereunder Waqar Ahmad Mir is detained under preventive custody under Section 5 of the Jammu and Kashmir Public Safety Act.

(2.) COUNTER has been filed by the defining authority, respondent No.2 (District Magistrate, Srinagar) on his and on behalf of State of Jammu and Kashmir. Rejoinder to the counter affidavit of Respondent No.2 has been filed and is on record.

(3.) PETITIONERS counsel canvases that on 09 -11 -1999, when the detention order was passed, detenue Waqar Ahmad Mir was already in custody in FIR No. 186/99 Under Section 7/25 I.A. Act, registered at Police Station Soura Srinagar. The detenue was taken in preventive custody on 09 -11 -1999 about two months after his punitive detention. The grounds of detention are vague, indefinite and run in omnibus terms. It suffers from non -application of mind and the detaining authority has failed to demonstrate the assumption of subjective satisfaction while dealing with this detention case. The detenue being illiterate and not able to understand the english language, he ought to have been supplied translation/transcription either in Urdu or in Kashmir! languages which he understood. Detenue has not been supplied the material and documents referred in the grounds. All this has prejudiced the petitioners right to make representation to the Government against the order of detention.