NISSAR AHMED KHANDAY Vs. STATE

JUDGEMENT

(1.) DETENUE was arrested on 23.07.2000 and was put under preventive detention under Order No. F158/DMA/PSA/DET/2000/2425 -31 dated 28.08.2000 of District Magistrate Anantnag, with a view to prevent him to act in a manner prejudicial to the security of the State. This order of detention is challenged on number of grounds.

(2.) THE petitionerâ„¢s counsel has confined his submission to the following two grounds; -

(3.) FIRST , that the petitioner has not been supplied grounds of detention. He has not been explained the detention order. The petitioner is illiterate and not able to understand the english language. He has not been provided any translated version of the grounds. Detenue is thereby adversely affected. Second that he has not been informed of his right to make representation. In absence of communication of the detention order and with -holding of the information that he can make the representation, he is prejudicially affected to vitiate the detention. (3). In reply Mr. R. Gadda, GA has contested the above submissions. He submits that the detenue has been informed of his right to make representation. Detenue has been given the order of the grounds of detention. Same has been read over and explained to him in Urdu/Kashmiri language which he understood. A receipt by way of acknowledgement has been obtained from him for all. All this was done when detenue was taken in preventive custody on 01.09.2000 and lodged in District Jail Kathua.