GAGGU DIN Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The appellant had challenged the order of detention No. PSA/08 dtd. 10/8/2021 passed by the respondent No. 2 under the provisions of sec. 8(1) (a) of the Jammu and Kashmir Public Safety Act, 1978 (for short the Act) by way of a writ petition bearing WP(Crl) No. 53/2021 and the learned Single Judge vide judgment dtd. 17/12/2021 dismissed the said writ petition.

(2.) Through this intra-court appeal, the appellant has impugned the judgment dtd. 17/12/2021 on the ground that the learned Single Judge has not appreciated the contention of the appellant that the order of detention dtd. 10/8/2021 was passed in a mechanical manner and procedural safeguards as required, were not complied with by the respondents while passing the order of detention. The appellant has further contended that the grounds of detention are based upon the FIRs registered from the year, 2014 till 2021 and the alleged offences stated in these FIRs did not make out any case for issuance of order of detention against the appellant so as to prevent him from acting in any manner prejudicial to the maintenance of the public order.

(3.) Mr. M. R. Quershi, learned counsel for the appellant vehemently argued that in FIR bearing No. 27/2014 for commission of offences under Sec. 379 and 411 IPC registered with Police Station, Narote, District Pathankot and in FIR No. 7/2017 for commission of offence under sec. 188 RPC and 4 /8 Cow Slaughtering Act, 11 PCA Act registered with Police Station, Narote, Pathankot, the appellant stands already acquitted by the courts. He laid much stress that the procedural as well as constitutional safeguards have not been followed by the respondents while issuing the order of detention. Mr. Qureshi emphatically submitted that the SSP did not apprise the appellant about the documents relied upon by the respondent No.2 in a language which the appellant understood as he does not understand English, Urdu or Punjabi as a result of which the appellant was deprived of his right of making effective representation against the detention order.