BASHIR AHMAD WANI Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) In the instant Letters Patent Appeal, the appellant herein has thrown challenge to the judgement dtd. 16/11/2021 (for short the "impugned judgement") passed in WP (Crl) No. 163/2020.

(3.) The facts, giving rise to the filing of instant appeal, are that the appellant herein had been detained by respondent No. 2 herein in terms of order of detention No. 09-DMK/PSA of 2020 dtd. 29/9/2020, under the provisions of the Jammu and Kashmir Public Safety Act, 1978, while exercising powers vested under Sec. 8(1)(a)(i) read with Sec. 8(2) clause (ii) on account of his activities being prejudicial to the maintenance of the security of the State. The said order of detention dtd. 29/9/2020 came to be assailed by the appellant herein before Writ Court in WP(Crl) No. 163/2020 (supra) primarily on the grounds that the order of detention was passed by the detaining authority while the detenue was already in custody in connection with FIR No. 16/2020 for offences under Ss. 13, 18, 20 UL A(P) Act and Sec. 7/25 of Arms Act, registered with Police Station, Handwara, as such, there were no compelling reasons for detaining the detenue and that the detenue being an illiterate labourer was not in a position to understand the grounds of detention and the material forming basis of his detention as translated version of the same was not provided to him thereby violating his constitutional right guaranteed under Article 22(5) of the Constitution and that the detaining authority had not prepared grounds of detention itself being a pre-requisite before passing an order of detention.