LAWS(J&K)-2010-4-74

FIRDOUS AHMAD SHAH Vs. STATE OF J&K

Decided On April 10, 2010
Firdous Ahmad Shah Appellant
V/S
STATE OF JANDK Respondents

JUDGEMENT

(1.) DETENU , Firdous Ahmad Shah has been ordered to be detained by the District Magistrate, Srinagar -respondent No.2 by exercise of powers under the provisions of Jammu and Kashmir Public Safety Act, 1978 (hereafter for short 'the Act of 1978), vide Order No.DMS/PSA/72/2009 dated 08.02.2010 and has been ordered to be lodged in District Jail, Kathua. The detention order is inter alia challenged on the grounds that the material on which the detaining authority has based its satisfaction for ordering detention of the detenu, has not been provided to him; the grounds are vague; the translated script of the order of detention and grounds of detention has not been made available to the detenu etc.

(2.) NOTICE was issued to the respondents and when they failed to file counter affidavit the Court vide order dated 23rd of March, 2010 observed that respondents have forfeited their right to file the counter affidavit and were accordingly directed to keep the detention record available on next date of hearing.

(3.) DETENTION record has been made available.