RAFIQ HUSSAIN Vs. STATE

JUDGEMENT

(1.) THE petitioner was detained vide order of the District Magistrate Rajouri, dated 23 -2 -1981, under sec. S of the Jammu and Kashmir Safety Act, 1978. The grounds of detention which were supplied to the petitioner read as under: -

(2.) THE learned counsel for the petitioner has raised various sub -missions questioning the detention of the petitioner. The First submission made by the learned Counsel for the petitioner is that the petitioner was not made to understand the grounds of his detention, Nor were the grounds ever translated to him in Urdu Language therefore on that score the detention is illegal. The next submission as raised by the learned Counsel for the petitioner is that in the grounds of the detention furnished to the petitioner, activities of the remote past of the year 1965 and 1970 had been taken into account while ordering his detention and that had been taken into account while ordering his detension and that activities of such remote past even if the allegations be treated to be true, cannot provide any justification for detaining the petitioner in 1981.

(3.) THE third grievance is that the grounds of detention were vague and did not provide enough material to the petitioner to make an effective representation. The last is that the documents, on the basis of which the detaining authority formed his opinion that it was essential to detain the petitioner were not supplied to the petitioner thus denying him an opportunity to make an effective opportunity,