RAJESH DOGRA Vs. UT OF J AND K

JUDGEMENT

(1.) District Magistrate, Jammu (hereinafter called 'Detaining Authority') in exercise of powers under Sec. 8 (1)(a) of the Jammu and Kashmir Public Safety Act, 1978, passed the detention Order No. 15 PSA of 2021 dtd. 29/11/2021 (for short 'impugned order'), in terms whereof the detenue namely Rajesh Dogra @ Mohan Cheer S/O Ved Parkash, R/O Reasi, A/P House No. 797, Tali Morh, New Plot, Jammu (for short 'detenue') has been detained.

(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 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 are presentation as the grounds of detention are not in a language which could be understood by the detenue. It is also being stated that the neither the petitioner is threat to the public order nor he has committed any such crime which has disturbed the society at large and more so, the petitioner is the hapless victim of circumstances and is already facing litigation and was convicted by the learned Trial Court and after being in jail for 11/12 years was bailed out by the Division Bench of this Court where eventually the said bail order was challenged before Hon'ble the Supreme Court, which was upheld. It is also being stated that without there being any fresh material on record, the respondents have booked the petitioner under PSA. It is also being stated that detenue is not an English literate person and understands only Urdu/Hindi 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 right of the detenue guaranteed in terms of the Article 22(5) of the Constitution of India.