MUBARIK AHMAD THOKER Vs. UT OF J&K

JUDGEMENT

(1.) District Magistrate, Kulgam (hereinafter called "Detaining Authority") in exercise of powers under Sec. 8 of the Jammu and Kashmir Public Safety Act, 1978, passed the detention Order No. 08/DMK/PSA/2021 dtd. 18/10/2021 (for short "impugned order"), in terms whereof the detenue namely Mubarik Ahmed Thoker S/O Ab. Rashid Thoker R/o Sopat Tangpora Tehsil Dsevsar Kulgam Districut Kulgam (for short "detenue") has been detained and accordingly his lodgment in Central Jail, Srinagar was ordered.

(2.) The impugned detention order has been challenged through the medium of the instant petition, being in breach of the provisions of Article 22(5) of the Constitution of India read with Sec. 13(1) of the J&K Public Safety Act, 1978.

(3.) It is being pleaded in the petition that the detaining authority-respondent No.2 has not attributed any specific allegation against the detenue. Furthermore, it is stated that the detenue has been incapacitated in filing a representation as the grounds of detention are not in a language which could be understood by the detenue. It is also being stated that the detenue is not an English literate person and he understands only Urdu/Kashmiri language but the order of detention is in English and it is not possible for him to understand such a hyper technical language. It is also the submission of learned counsel for the detenue that the order of detention and the connected documents annexed with the petition clearly show violation of rights of the detenue guaranteed in terms of the Article 22(5) of the Constitution of India.