FAYAZ AHMAD BHAT Vs. STATE & ANR.

JUDGEMENT

(1.) Fayaz Ahmad Bhat S/o Abdul Majid Bhat R/o Androosa Pampore District Pulwama was detained pursuant to an order of detention No. 6/DMP of 2002 dated 16th of Feb. 2002, issued by the District Magistrate Pulwama under section 8 of the Jammu and Kashmir Public Safety Act, 1978, in order to prevent him from acting in a manner prejudicial to the security of the State for a period of 24 months and lodged in District Jail Kathua. Subsequently, the detention order was confirmed by the Government under its order No. Home/PB-V/957 of 2002 dated 8-05-2002. This detention order has been challenged by the detenue through Ali Mohammad Dar S/o Habib Dar R/o Sambora Pampore, his maternal uncle, on variety of grounds.

(2.) It is submitted that detention order is bad in law for the reason that detenue has not been supplied the grounds with the material and documents, the basis of detention order and thereby has been deprived of his right to make an effective and meaningful representation against the detention order to the Government/Competent Authority.

(3.) It was next averred that the detenue has moved an application for bail in FIR 93/2001 in the court of Session Judge Pulwama and was released on bail on 23-11-2001. The detention order is silent about these facts which clearly demonstrates total absence of application of mind on the part of the detaining authority in reaching a subjective satisfaction that it is necessary to take the detenue into preventive custody for maintenance of the security of the State and therefore, the detention order is void on this ground alone. It was lastly submitted by the counsel appearing for the detenue that detenue, being totally illiterate, was not in a position to understand the English language nor could he read the grounds of detention to the outcome and the failure on the part of the detaining authority to communicate the grounds of detention in the language understood by the detenue and to provide him the translated script of the material, which form the basis of the satisfaction of the detaining authority, vitiates the detention order impugned in this writ petition.