FAROOQ AHMAD SHAIKH Vs. STATE AND ORS.

JUDGEMENT

(1.) By dint of this LPA, the appellant has assailed the order dated 21st of June, 2017 of the writ Court, passed in HCP No. 642/2016 on the premise that, while dismissing the writ petition, the writ Court has observed that the perusal of the record would reveal that the grounds of detention were explained to the detenue in the language he understood. However, the fact remains that the grounds of detention were not explained to the detenue, rendering the order of detention liable to be set aside.

(2.) The appellant has proceeded to state that the detenue has not been provided the material which formed the basis of passing of the detention order. Therefore, the detenue has been deprived of the right to file an effective representation against his order of detention. Not only this, the mandate of section 13 of the Public Safety Act (hereinafter called the Act) has also been violated with impunity. The learned writ Court has not considered these grounds and has proceeded to pass the impugned judgement in an illegal and improper manner.

(3.) It is also pleaded by the appellant that the respondents, in their reply affidavit, have stated that the detention warrant was executed on 27-11-2016 by one ASI Ghulam Mohammad of police station Bandipora, who read over and explained the contents of the same to the detenue. Assuming the contention to be correct, the said ASI ought to have filed an affidavit to substantiate so, which has not been done in the case on hand. The learned Single Judge has not taken this important aspect of the matter into account. Therefore, the appeal deserves to be allowed, as a consequence of which, the impugned judgement/order dated 21-06-2017, passed by the learned writ Court, is liable to be set aside.