MANZOOR AHMED Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) IMPUGNED in this writ petition with a prayer for its quashment is the detention order No. PSA-20q7/01 purporting to have been passed by District Magistrate, Reasi on 3-11-2007, whereunder one manzoor Ahmad S/o Abdul Aziz Gujjar R/o dhakikote is currently undergoing detention.

(2.) GROUND pleaded in support of prayer is that the detention order passed against petitioner is based on non-existing circumstances and is legally untenable as having been passed in violence of procedure particularly because even though illiterate and unable to understand English, grounds of detention have been furnished to the detenu in that language which he could not understand. During course of submissions, petitioner's counsel while further elucidating contents of the petition has also informed that the criminal case on basis whereof the detenu was originally arrested has already been dismissed, which belies the basis of his detention regarding which no satisfaction too has been recorded by detaining authority who did not even supply the requisite documents to petitioner.

(3.) RESPONDENTS have neither filed reply nor furnished records of detention pertaining to the matter with the result that their version regarding pleas taken in the memo of petition is not known. During his oral submissions, however, learned AAG has contended that since activities of the detenu were highly prejudicial to security of State, be was rightly detained in observance of all requisite procedure in view whereof he had no reason to challenge the detention. Learned AAG has, however, admitted detenu's acquittal from substantive criminal case.