GH HASSAN PARRAY Vs. STATE

JUDGEMENT

(1.) DETENUE Ghulam Hassan Parray S/O Late Abdul Khaliq Parray R/O Batnoor Tral, district Pulwama, through his friend Mohammad Ashraf Lone has sought indulgence of this court through the medium of the instant writ petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir State, for quashment of detention order No. 17/DMP/ 2001 dated: 21 -06 -2001.

(2.) IT is inter -alia maintained in the petition that the detenue Ghulam Hassan Parray, who is a peace loving person, was arrested by the security forces on 27 -03 -2001 on false and frivolous accusat and came to be booked in FIR No. 20/2001 for the offence punishable under section 7/25 Indian Arms Act and in FIR No. 5/2001 for the offence under section 307 RPC and 7/25 IAA, both of Police Station Tral: that while in police custody in the said case, respondent No. 2 came to pass the detention order impugned dated: 21 -06 -2001, whereby detenue was ordered to be detained for a period of 12 months and came to be lodged in District Jail Kathua: that the order of detention is bad in law because of the fact that the detenue was arrested on 17 -03 -2001 in FIR Nos. 20/2001 and 5/2001 both of Police Station Tral, in winch the detenue had never applied for bail: that the detaining authority without assigning any compelling reasons for passing the detention order impugned, came to pass the said order; that the detenue had studied only upto to 6th standard and is able to read and write only Urdu and Kashmiri languages; that the grounds of detention are couched in english language which is neither intelligible nor understandable to the detenue; that no translation copy of the detention order impugned was served upon the detenue; that the detaining authority has not supplied the copy of the dossier and other material relied upon by him in passing the impugned order; that the grounds of detention are vague; that the detaining authority has not formulated the grounds of detention and has not recorded his subjective satisfaction, but has straightway relied upon the dossier submitted to him in this regard.

(3.) ON admission of the writ petition, respondent No. 2, District Magistrate. Pulwama, after being put on notice, filed his counter affidavit, wherein it is inter -alia stated that the detenue was detained with a view to prevent him from acting in any manner preJudicial to the security of the State; that the detention order has been based on the grounds detailed in the memo of grounds of detention; that the detenue was initially arrested in case FIR No. 20 of 2001 of P/S Tral and as there was apprehension of his being released on bail, the order of detention impugned has been passed on 21 -06 -2001 and same came to be approved by the Government on 29 -06 -2001 and it is thereafter on