MOHD SHAFI Vs. STATE

JUDGEMENT

(1.) WHILE the subject Mohd. Shafi was in punitive detention, detaining authority respondent No. 2 District Magistrate Baramulla passed order No. 77/2000 dated 17 -3 -2001 under section 8 of the Jammu and Kashmir Public Safety Act 1978 ordering his preventive detention with a view to prevent him from acting in any manner prejudicial to the security of the State. This order is under challenge in this Habeas Corp. us Petition.

(2.) PETITIONERS Ld. counsel Shri G.N. Shaheen, confines challenge to the order on the grounds pleaded in clause (d) and (e) of para 2 of the petition. The counsel contends that the detenu who has just read up to 8th standard knows only Urdu and Kashmir language and is not conversant with English language. English is not intelligible to him. He was neither provided any translated copy or transcription of the grounds in the language which he understood, nor was same explained to him in Urdu or Kashmiri, thereby he was prejudiced in making representation against the order.

(3.) SECOND , though the subject has been shown involved in number of cases registered at different Police Stations, copies of FIRs, statements recorded under Section 161 Cr. P.C., etc in these cases have not been supplied to him, thereby he was prejudiced to make the representation.