TAHIR HUSSAIN MIR Vs. STATE AND OTHERS

JUDGEMENT

(1.) By the medium of this LPA, the appellant has assailed the order dated 05th of May, 2017 of the writ Court, passed in HCP No. 640/2016 on the premise that the writ Court, while dismissing the writ petition, 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 his right to file an effective representation against his order of detention. 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 the affidavit to substantiate so, which has not been done in the case on hand. The said ASI has not filed any affidavit in this regard. The learned Single Judge has not taken this important aspect of the matter into account, therefore, the appeal deserves to be allowed and the impugned judgement/order dated 05th of May, 2017, passed by the learned writ Court, be set aside.