ARIF HUSSAIN BHAT Vs. STATE AND ORS.

JUDGEMENT

(1.) By dint of order bearing No. 63/DMK/PSA/2017 dated 07-03-2017 passed by the respondent No.2 - District Magistrate, Kupwara, in exercise of powers vested in him under clause (a) of section (8) of the Jammu and Kashmir Public Safety Act, 1978 (for short Act of 1978), one Shri Arif Hussain Bhat S/O Ghulam Hassan Bhat R/O Yaroo Langate, Kupwara, has been detained and lodged at District Jail, Udhampur Jammu, and continues to be there at present.

(2.) The order of detention has been challenged on manifold grounds. The main thrust of the pleadings and the argument of the learned counsel for the petitioner is that in terms of his communication dated 07-03-2017, the respondent No.2, while informing the detenue of his detention under the provisions of the Act of 1978, also informed him that he can make a representation to the Government against the said detention order, if he so desires. The respondent No.2 has not, however, informed the detenue that he can make a representation to the Detaining Authority and this infraction renders the order of detention liable to be set aside. The respondents have pleaded in their Counter affidavit that the grounds of detention were served upon the detenue and he was told that he has a right to make a representation to the Government against the order of his detention. The arguments have also been advanced on similar lines. Learned counsel for the petitioner has also challenged the order of detention on the ground that when a person is already in custody, he cannot be detained under the provisions of Public Safety Act.

(3.) Heard and considered. The detention record has also been perused.