ISHFAQ AHMAD GANIE Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The District Magistrate, Baramullah vide his order No.14/DMB/PSA/2019 dated 08.07.2019, detained Ishfaq Ahmad Ganie S/o Mohammad Ashraf Ganie RIo Dangerpora, Sopore, District Baramulla, under Clause (a) of Section 8 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. This order of detention is challenged by the detenu through his father.

(2.) The detenu has assailed the order of detention on the ground that (i) the constitution and statutory safeguards as provided under Article 22(5) of the Constitution of India were not granted to the detenu, thus, the detention has become vitiated. (ii) the order of detention was passed on 08.07.2019, but the same was executed only on 21.10.2019, after more than three months of passing of the order of detention, this has rendered the detention unsustainable. (iii) the detenu is not an English literate person and understands only Kashmir and Urdu Languages and the grounds of detention were neither read over nor explained to him in the language which he understands fully nor the translated copies of the same were provided to him, this has resulted infraction of the rights as guaranteed to the detenu and, thus, vitiated the detention on this ground.

(3.) Mr. Asif Maqbool, learned Deputy Advocate General has filed counter affidavit as well as produced the detention record. It is submitted that the detenu was detained under the provisions of the Jammu and Kashmir Public Safety Act, 1978 validly by virtue of detention order No. 14/DMB/PSAI2O19 dated 08.07.2019 issued by the District Magistrate, Baramulla. All the statutory requirements, constitutional guarantees were fulfilled and complied with by the Detaining Authority by keeping in view the object of the law of preventive detention.