NAZIR AHMAD KUMAR Vs. STATE

JUDGEMENT

(1.) THE subject Nazir Ahmad Kumar is detained U/s 8 of J&K Public Safety Act, by District Magistrate Baramulla (Respondent No, 2) under his order No: 128/DMB/PSA/2746 dated: 22 -12 -01. Pursuant to this order subject is lodged in preventive custody in Udhampur jail. This order and the consequent detention is under challenge in this petition.

(2.) NUMBER of grounds are taken to challenge the detention. However, the counsel confines his submissions to following grounds. The counsel Mr. Mir Shafaqat solicits that the detenue has been neither served the order of detention nor the material referred in the grounds of detention. Being an illiterate, detenue is unable to understand the English language. He could not understand the grounds served upon him in English. No translated copy either in Urdu or Kashmiri was provided to him. The grounds were not read over and explained to him. He was denied opportunity to make representation against the detention to Government. In such circumstances failure to communicate the grounds to detenue infringes his right guaranteed to him under Article 22 (5) of the Constitution. These submissions are broadly based on paras 2, 7 and 8 of the petition.

(3.) COUNTER has been filed by the detaining authority. The Govt. Advocate has contested the submissions and submits that the order with grounds has been communicated to detenue. The grounds were read over and explained to him in the language which he understood though the detenue being illiterate is so admitted. The detenue has been given an opportunity to file representation to Govt. against his detention but yet he has failed to make the representation. There is no infraction of any statutory provisions of law. The mandate of Article 22 (5) of the Constitution is complied with in letter and spirit. These contentions are covered by paras III and IV under head Ëœfacts of the case, and paras (E&F) G&H under the head ËœGroundsâ„¢ of the counter. The detention record is also made available.