ISHTIYAQ AHMAD Vs. STATE OF J AND K

JUDGEMENT

(1.) SUBJECT , Ishtiyaq Ahmad Shah, was detained by the District Magistrate Anantnag, Respondent No. 2, under his order No. 233/89 -95 dated 23.02.2002 with a view to prevent him from acting in any manner prejudicial to the security of the State.

(2.) THIS order, passed under Section 8 of the J&K; Public Safety Act, 1978, is impugned in this petition. Learned counsel for the detenu has confined his submissions to grounds of challenge, enumerated in grounds a, b, c and d of the petition memo. It is argued that, though the detenu was on bail in FIR No. 35/2002 under Section 3/7 of the Indian Arms Act, registered at Police Station, Kukernagh, yet the detaining authority has not considered this aspect of the case, which shows that the impugned order sufers from non -application of mind. It is further submitted that the detenue has not been supplied material referred to, in the grounds of detention and was also not informed of his right of representation against detention to the Government. Being illiterate, the grounds of detention were not explained to him in Kashmiri or Urdu, which language(s) he understood. Even copy of translation/transcription of the grounds, written in English was not supplied to him. All this has prejudiced him to make a meaningful and effective representation against the order of detention, thereby his right under Article 22(5} of the Constitution and Section 13 of the J&K; Public Safety Act has been violated.

(3.) MR . M. A. Beigh, Dy. A. G. has made submissions in line with the averments made in the Counter. He has also produced the detention file pertaining to this case.