GH MOHD DAR Vs. STATE OF J&K

JUDGEMENT

(1.) Ghulam Mohammad Dar son of Mohmmad Subhan Dar R/O Khema Bandipora has been detained under section 8 of the J&K Public Safety Act, 1978 in order to prevent him from acting in any manner prejudicial to the security of the State for a period of 24 months and lodged in Sub -Jail Kote -Balwal, Jammu, by District Magistrate, Srinagar, respondent No. 2, vide his order No. DMS/PSA/110 of 2002 dated : 08.03.2003. Subsequently the detention order was approved by the Government vide order No. Home/PB -v/587 of 2003 dated : 9.5.2003.

(2.) THE detention order has been challenged by the detenu through his father Mohmmad Subhan Dar on variety of grounds.

(3.) TO begin with it is stated that detenu has not been supplied with the grounds of detention, material and the documents considered by the detaining authority on the basis of which the detention order been passed and thereby deprived the detenu to make a meaningful representation against the detention order to the competent authority viz: Government. It was next submitted that the detenu is not well versed with the English language and the grounds provided were in English. The detenu understands only Urdu and Kashmiri. No translation script in Urdu or Kashmiri was provided to the detenu which also came in his way to make an effective representation against his detention and thus the order of detention is rendered invalid and illegal.