BILAL AHMAD RATHER Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed by the detenu-Bilal Ahmad Rather S/o Abdul Qayoom Rather Rio Rajbagh, Dangerpora Sopore, District Baramulla through his father challenging order of detention No. 1 1/DMB/PSAI2O19 dated 04.07.2019 passed by the District Magistrate, Baramulla, detaining him under section 8(a) 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.

(2.) The detenu has assailed the order of detention on the ground that (i) the detention order has been passed in violation of the constitutional and statutory safeguards as provided under Article 22(5) of the Constitution of India and under section 13 of Jammu and Kashmir Public Safety Act, 1978; (ii) the detenu has not been supplied all the relevant material relied upon by the Detaining Authority, while passing the order of detention; (iii) the detenu was already in custody when the order of detention was passed, (iv) the order of detention is also vitiated on the ground that it was passed on 04.07.20 19, but, the same was executed only on 21.10.2019, as such, the delay in execution of the detention order has rendered the detention unsustainable, (v) the detenu is not an English literate person and he understands only Kashmiri and Urdu languages and the grounds of detention were neither read over and explained to him in the language which he understands nor the translated copies of the same were provided to him, this has resulted infraction of the rights as guaranteed to the detenu, thus, the order of detention is vitiated.

(3.) Mr. Asif Maqbool, learned Deputy Advocate General has filed counter affidavit as well as produced the detention record. It is submitted by him that the detenu was detained under the provisions of the Jammu and Kashmir Public Safty Act, 1978 validly by virtue of detention order No. 11/DMB/PSA/2019 dated 04.07.2019 issued by the District Magistrate Baramulla. All the statutory requirements and constitutional guarantees stand complied by the Detaining Authority. All the material relied upon by the Detaining Authority has been provided to the detenu and in compliance of detention order the warrants were executed by the Executing Officer, Javed Ahmed ASI No. 28/SPR of DPL Sopore. The contents of the detention order, the warrants and grounds of the detention were read over and explained to the detenu in the language which he understands.