GHULAM MOHD DAR Vs. STATE

JUDGEMENT

(1.) Detenu was arrested on 7.2.2003 in FIR No. 21/03 U/s 7/25 Arms Act registered at Ram Munshi Bagh, Srinagar.He was detained under Section 8 of J&K P.S.Act, 1978 by District Magistrate, Srinagar under his order DMS/PSA/110 of 2003 dated 8.3.2003. The impugned detention order is challanged notwithstanding number of grounds taken in the petition on the ground that the detenu has not been supplied copy of FIR and other material referred in the order and grounds of detention. In absence of supply of copies of documents and material relied in the grounds for detention, he has not been able to make effective representation against the order to the Govt, thereby his right under Article 22(5) is violated. It is furlther alleged that the detenu is not able to understand English language and the only language he understands is Kashmiri language. He was not provided copy of the grounds in Kashmiri language. He was not also made to understand the grounds. Even on this score his right has been impaired by failure to communicate the grounds.

(2.) Despite repreated opportunities counter has not been filed. It was in this background that on 25.11.2003 respondents were given last opportunity to file counter within four weeks and the Registry put under directions to list the case for hearing thereafter. In absence of counter and that too when despite repeated opportrunities there is no return to the rule nisi, uncontroverted assertions made in the petition have to be treated as admitted.

(3.) In the face of allegations and plea in the petition supported by affidavit that the detention order is illegal, it is incumbent upon the respondents and the detaining authority to show that the detention is valid according to law.