SOHAN SINGH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner has challenged detention order No. 01 of 2021 dated 23.01.2021 passed by the respondent No.2 under provisions of J&K Public Safety Act (hereinafter called Act) on the ground that the order was served upon the petitioner when he was already in police custody under substantive offences; that the order impugned does not reflect the factual aspects of the case as the petitioner had either been acquitted or granted bail in some of the FIR mentioned in the order; that the petitioner was not supplied the relevant material nor was he made to understand the documents in the language he understands; that the execution of the detention order was also delayed though the petitioner was in custody of the Police; that the petitioner was deprived of making an effective representation before the Government and Advisory Board in respect of the detention order passed against him. The prayer is for quashment of order impugned in the writ petition.

(2.) The counter affidavit has been filed separately on behalf of the respondent Nos. 2 & 3. The grounds raised for seeking quashment of detention order is denied by the respondents in the affidavits. It is submitted that the petitioner has indulged in criminal cases from time to time and has not mended his ways and earned bail or acquittal by winning over the witnesses or tempering with the evidence. The petitioner has been supplied all the material by the respondents and has been explained the documents in the Dogri language which he understands. The order has been passed after due application of mind by the respondent No.2. The respondents seek dismissal of the writ petition on the ground that the detention order has been passed as per law.

(3.) The detention order, in the first instance, has been approved by the Government vide order No. PB-V/197 of 2021 dated 09.03.2021.