ABDUL MAJID MIR Vs. STATE

JUDGEMENT

(1.) THE petitioner - Ghulam Hassan Mir, the father of Abdul Majid Mir R/O Darakashi Tehsil Tangmarg District Baramulla, has called in question the detention order No. 79/DMB/PSA/10 dated 27.3.2010 passed by the District Magistrate - Respondent No. 2, whereby the subject came to be detained under the provisions of the Jammu and Kashmir Public Safety Act, for short "Act" on the grounds taken in the writ petition.

(2.) PRECISELY the case of the petitioner is that the detenue was arrested in false and frivolous FIR No. 22/2010 under section 379 RPC, 6 Forest Act, Police Station Tangmarg and was detained in terms of impugned detention order which is vague, baseless and imaginary one. It is further averred that the subject was not supplied with copies of grounds of detention & detention order, however, he has managed photostat copies of the same from the office of respondent No. 2 unofficially. It is contended further that the subject is illiterate and does not know the English language in which the grounds of detention were couched, and respondents were under legal obligation to provide translated script of the said documents, which have not been done at all.

(3.) IT is contended that the contents of the warrant and grounds of detention were read over to the detenue, he was made to understand, and also informed of his right to make a representation to the Government against his detention. He has in token affixed the signature on the documents but failed to make any representation against his detention. The grounds of detention are precise, relevant and disclose the need of the hour for detaining the detenue.