AIJAZ AHMAD WANI Vs. STATE OF J&K

JUDGEMENT

(1.) IN the terms of petition please subject Aijaz Ahmad Wani S/o Wali Mohd Wani R/o Badkote, Handwara, is lodged in preventive detention in Central Jail Kote Balwal, Jammu pursuant to detention order DMK/PSA/68 of 2002 dated 16.5.2002 passed by District Magistrate Kupwara, respondent No. 2. The order as also the detention is challenged on number of grounds.

(2.) THE detaining authority is stated not to have observed the mandatory provisions of Article 21 and 22 of the Constitution and other provisions of Jammu and Kashmir, Public Safety Act while ordering the detention in question. The detenue is stated not to have been produced before the Advisory Board constituted under Jammu and Kashmir Public Safety Act.

(3.) THE material referred in the grounds has not been supplied to the detenue. He is not even informed of his right to make representation to the Govt. against the detention order. The grounds of detention are vague and without any basis. The detenue is not well versed with the language of the grounds of detention and he has not been either explained same or given any copy there of in Kashmiri language, which he understood. The detenue has been deprived of making representation against the detention. Obviously the above allegations are grave enough to vitiate the detention