AB AHAD TANTRAY Vs. STATE OF J&K

JUDGEMENT

(1.) HABEAS Corpus petition has been filed, praying for direction to quash the order of detention passed under No.50 of 2002 dated 16.06.2002.

(2.) THE main submissions made in the petition are that the detenue came to be arrested in FIR 22/2002 under section 7/25 Indian Arms Act. Police Station Bandipora and during the continuation of arrest of the detenue in the said FIR, the order of detention was passed on 16th of June 2002 by District Magistrate Baramulla and was executed on 19th of July 2003. It is further submitted that the detenue being an illiterate person was not informed of his right to make a meaningful representation in Kashmiri language and was not furnished with the entire material forming the basis of grounds of detention to enable the detenue from making a meaningful representation, against the order of detention. The detenue during his arrest in FIR 22/2002 in Police Station Bandipora, had not applied for bail and would not be released on bail in a non boilable offence, as such there was no requirement of justification for the detaining authority to pass the order of detention, without revealing the compelling reasons to pass the order of detention. On these submissions, it is prayed that order of detention be quashed.

(3.) WHILE admitting that the detenue was arrested in FIR 22/2002 in Police Station Bandipora, the stand of the respondents taken in the counter is, that the order of detention was passed on subjective satisfaction for involvement of detenue in activities found prejudicial to the security of the state. It is further submitted that at the time of execution of the order of detention, the grounds of detention were explained to the detenue who is illiterate person in a language which the detenue understood and in to ken of having understood the grounds, the detenue affixed thumb impression on the receipt on acceptance of the record, revealing the grounds of detention. On this submission, it is prayed that order of detention has been passed after making substantial compliance with the procedural requirements and needs no interference.