MOHD IQBAL LONE Vs. STATE OF J&K

JUDGEMENT

(1.) DETENUE Mohammad Iqbal Lone while being held in FIR 78/2000 under sections 307 and 302 RPC and 3/4 ESA of Police Station Doom. Anantnag since 26 -08 -2000. was detained under Section 8 of the J&K Public Safety Act vide District Magistrate Anantnag, respondent No. 2s order No. 2777 -83 dated: 28 -09 -2000 with a view to prevent him from acting in any manner prejudicial to the security of the State. This detention order is under challenge,

(2.) PETITIONERS counsel Mr. Khan confines his arguments and submissions to the following two grounds: - First. that the detenue is illiterate and the detention grounds have not been supplied to him in a language which he understands. He was not even explained the order of detention in Urdu or Kashmiri language which he understands. The grounds were not accompanied by translated copy thereof, thereby he has been prejudiced to make representation against the order to the Government; Second, that the detenue was not served the order. He is not also supplied material referred in grounds. There is no communication of the order. His detention is illegal and the order is vitiated.

(3.) DISTRICT Magistrate Anantnag. respondent No. 2 has field counter, wherein, both the grounds are countered. Petitioner is stated to have been read over and explained the detention and the grounds in the language which he understood. Receipt has been obtained from him. Besides the detenue has been also supplied copy of the order and the receipt has been obtained from him. The detenue has been also informed of his right to represent against detention order. The detention is in order and petition merits dismissal.