MOHD HUSSAIN AVAN Vs. STATE OF J&K

JUDGEMENT

(1.) SUBJECT Javed Hussain Avan son of Mohammad Hussain Avan resident of Pehlipora Keller Teh. Shopian Pulwama through his father Mohammad Hussain Avan seeks to quash the detention order No. 86/DMP/PSA/03 dated 23.08.2003 passed by District Magistrate, Pulwama in exercise of the powers under Section 8 of Jammu and Kashmir Public Safety Act, 1978 directing the detention of the detenu for a period of 24 months.

(2.) THE detention order has been challenged on various grounds which can be aptly and precisely enumerated as under: -

(3.) THE detention order, grounds of detention, dossier and material (documents) on which the subjective satisfaction has been derived have not been furnished to the detenu and detenu has not been able to make effective representation; that the detenu was in police custody at the time of passing of detention order and there was no need to detain him in preventive custody; the detention orders suffers from non -application of mind. The grounds of detention are coached in English language, while as the detenu cannot understand the said language and it was duty of the detaining authority to furnish translated script of the detention order and material to the detenu in his own language; the grounds of detention were not explained to the detenu in his own language.