ZUBAIR AHMAD LAWAY Vs. STATE OF JK &ANR

JUDGEMENT

(1.) The present petition has been filed by the petitioner through his father for quashing of order dated 9th August 2019 bearing No. 43/DMK/PSA/19 (hereinafter referred to as order impugned ) issued by respondent No. 2 by virtue of which the petitioner has been detained under the provisions of J&K Public Safety Act.

(2.) It is submitted that the petitioner was arrested by police without any justification or cause on 8th August 2019and was sent to Central Jail Srinagar, to be detained under the J&K Public Safety Act in terms of the order impugned. It is further stated that the petitioner approached the office of respondent No. 2 and unofficially obtained the photostat copies of the order impugned, communication letter and the grounds of detention. The petitioner has challenged the order impugned on the grounds that the allegations made in the grounds of detention are vague and no prudent man can make an effective representation against these allegations; that the detaining authority has not given any reasonable justification to pass the order of detention on the basis of alleged activities those took place three years ago, as such, order impugned suffers from non-application of mind; that the petitioner was earlier detained under the preventive custody and the order was quashed by this court and there are no fresh allegations attributed to the petitioner that necessitated the issuance of fresh detention order; that the petitioner has already been admitted to bail in all the above mentioned cases but these facts have not been mentioned in the grounds of detention; that no documents those have been relied upon by respondent No. 2 while passing the order of detention have been furnished to the petitioner; that the detenue is not English literate and understands only Kashmiri/Urdu language, but the order is in English and no translated script was furnished to the petitioner; that the detenue was not informed that he has a right to make representation against his order of detention before the detaining authority or the Government.

(3.) Counter stands filed by the respondents in which it has been stated that the petitioner came to be detained under the Public Safety Act vide order impugned and all statutory requirements and constitutional guarantees have been fulfilled and complied with by the detaining authority, therefore there is no illegality in the issuance of detention order. It is further stated that in compliance to the detention order, the warrant was executed by the executing officer Jangsher Singh, ASI and the petitioner was handed over to the SP, Central Jail Srinagar for lodgment. The contents of detention order/ warrant and grounds of detention were read over and explained to the detenue in the language which he fully understood and in view thereof, he appended his signature on the execution report/order. The petitioner was also informed about his right to make a representation to the detaining authority or the Government against his detention. It is also stated that the case of the petitioner was referred to the Advisory Board and after the Advisory Board opined that there is sufficient cause of detention of the detenue in the instant case and it was only after the report/opinion of Advisory Board, the Government has confirmed the order of detention.