NAZARAT HUSSAIN SHAH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) District Magistrate, Rajouri (hereinafter called 'Detaining Authority') in exercise of powers under Sec. 8(1)(a)(i) read with clause(ii) of Sub- Sec. (2) of Sec. 8 of the Jammu and Kashmir Public Safety Act, 1978 (for short, Act of 1978"), passed the detention Order No. DMR/INDEX/24 of 2023 dtd. 14/9/2023 (for short impugned order"), in terms whereof the detenue namely Nazarat Hussain Shah S/O Zabir Shah R/O Plangarh Tehsil Thanamandi, District Rajouri (for short 'detenue') has been detained.

(2.) The impugned detention order has been challenged through the medium of the instant petition, being in breach of the provisions of Article 22(5) of the Constitution of India.

(3.) It is being pleaded in the petition that the detaining authority-respondent No.2 has not attributed any specific allegation against the detenue. Furthermore, it is stated that the detenue has been incapacitated in filing a representation as the grounds of detention are not in a language which could be understood by the detenue. It is also being stated that the neither the petitioner is threat to the public order nor he has committed any such crime which has disturbed the society at large. It is also being stated that the detenue is not an English literate person and understands only Urdu language but the order of detention is in English and it is not possible for him to understand such a hyper technical language; that the order of detention and the connected documents annexed with the petition clearly show violation of right of the detenue guaranteed in terms of the Article 22(5) of the Constitution of India.