KHAN NISAR AHMAD Vs. STATE

JUDGEMENT

(1.) THE subject Nisar Ahmad Khan is in preventive detention pursuant to District Magistrate, Anantnags detention order, NO.F -146/DMA/PSA/DET/2000 -2284 -90/ DMA dated: - 03.06.2000 issued u/s 8 of J&K P.S. Act. 1978 with a view to prevent him from acting in any manner prejudiced to the security of the State. This order is approved by the Government vide order No. Home (PB -V) 2346 of 2000 dated: 2.8.2000. The detention order and the consequent preventive detention is under challenge in this petition.

(2.) LD . counsel for the petitioner canvasses that the petitioner was not communicated the detention order with grounds. Being illiterate and not able to read Urdu/ English the order was not read over and explained to him. He was prejudiced to make a representation against the detention order to government. The other ground of challenge to the order stems out of the contention that whatever has been stated in the grounds of detention (Annexure pc) is false, incorrect and without any basis.

(3.) DETAINING authority (respondent No.2) has filed counter.