FEROZE AHMAD MALLA Vs. STATE

JUDGEMENT

(1.) PETITIONER by means of this Habeas Corpus Petition seeks to quash the Detention Order No. 32/DMP of 2001 dated: 06 -09 -2001, passed by the respondent No. 2. District Magistrate, Pulwama, in exercise of the power under Section 8 of the Public Safety Act 1978 (hereinafter called "the Act"). The respondent/ Government in exercise of the powers under Section 17 of the Act has confirmed the Detention for a period of Twenty Four Months.

(2.) DETENTION Order is sought to be quashed on the grounds that respondents have not supplied the relevant documents, in absence of which effective representation could not be made against the Detention Order to the Government and that neither the grounds of detention have been explained to the detenue in Urdu/Kashmiri language, which he understands nor the translated script thereof was provided to him. It is also one of the grounds that the detenue has also not been informed to make representation to the Government against the detention order.

(3.) THE respondents have filed the Counter Affidavit, stating therein that the detenue was arrested on 11 -08 -2001 in FIR No. 77/2001, registered with Police Station Tral, for alleged commission of offence under Section 5 of the Explosive Substances Act. He has been informed vide letter No. 1176 -78 dated: 06 -09 -2001 with regard to his detention and also of his right to make representation to the Government against the detention order. The detention order was executed on 11 -09 -2001. The grounds of detention were served upon the detenue on the same day and contents thereof read over and explained to him in the language which he understood and in lieu thereof, the detenue has executed the receipt affixing his thumb impression, which is available on record and can be perused. On these grounds, it is stated that the detention order does not suffer on account of any legal or procedural defect.