ROSHA Vs. STATE

JUDGEMENT

(1.) Petitioner by means of this petition seeks to quash the detention order No. 86/2001 dated 24-7-2001, passed by District Magistrate, Baramulla, in exercise of powers under Section 8 of J and K Public Safety Act, 1978, (hereinafter the Act) directing preventive detention of the detenue Mohmmad Maqbool Rishi alias Jan-Nisar S/o Mohmmad Sultan Rishi R/O Buthoo, Bandipora. The Respondents State in exercise of the powers under Section 17 of the Act has confirmed the detention order for a period of 24 months.

(2.) The detention order has been challenged on various grounds including that the detenue has not been communicated the grounds of detention and also not informed to make a representation to the Government against the detention order.

(3.) The respondents have filed counter-affidavit stating therein, that the detention order has been approved by the Govt. vide Govt. order No. 1499 of 2001 dated 2-8-2001. The detenue was taken into preventive custody on 7-8-2001 in execution of the detention order. The detention order has been confirmed by the Government in exercise of powers under Section 17 of the Act vide Govt. order No. 1814 of 2001 dated 1-10-2001. The grounds of detention have been read over and explained to the detenue in the language which he understood and also informed to make a representation to the Govt. against the detention order. Besides, the father of the detenue has also been informed to make a representation against the detention order to the Government.