LAWS(J&K)-2001-5-21

FEROZ AHMED MEHAND Vs. STATE

Decided On May 22, 2001
Feroz Ahmed Mehand Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) SYED Bashir -ud -din J The detention order No. 37/DMP/ 2000 dated: 20.07.2000 passed by District Magistrate, Pulwama (Respondent No. 2) as approved by the State Government (Respondent No. 1) detaining Feroz Ahmad Mehand u/s 8 of J&K Public Safety Act, 1978 with a view to prevent him from acting in any manner prejudicial to the security of the State is under challenge in this petition.

(2.) THOUGH number of grounds are taken to assail detention but the only grounds of challenge pressed by petitioners counsel as referred in para 3 of the petition are that the detenue has not been served the order of detention and grounds therefor. The grounds are not explained to him in the language which he understood. He is not supplied material/documents referred in grounds. Detenue is not informed of his right to make representation to govt. against detention order. He is denied opportunity to make the representation.

(3.) RESPONDENTS have filed counter through the detaining authority (respondent No. 2) and also produced detention record which was retained on the file. Respondents contended that the detention order at the time of execution on 25.07.2000 was read over and explained to detenue in the language which he understood and grounds therefor have been also served and explained to detenue. The only material on which detention is based are grounds.