SHABIR AHMAD MALIK Vs. STATE AND ORS

JUDGEMENT

(1.) The detenue - Shabir Ahmad Malik, has been detained by the respondent No.3, District Magistrate, Baramulla, in terms of the detention order bearing No. 150/DMB/PSA/2017 dated 30-11-2017, in exercise of powers vested in him under clause (a) of section (8) of the Jammu & Kashmir Public Safety Act, 1978 (for short Act of 1978) and has been lodged in District Jail, Kathua, Jammu. The detenue continues to be there at the moment. The order of detention was executed on 04th of December, 2017. The grounds of detention, along with the allied documents and the detention warrant are said to have been served on the detenue and the contents whereof, as contended, have been read over to him in English and explained to him in the Urdu & Kashmiri languages which he understood fully well.

(2.) The order of detention has been challenged on the grounds, inter alia, that the detenue has been deprived of the right to file an effective representation before the Detaining Authority, i.e. the District Magistrate, Baramulla, against his order of detention. It is also pleaded that the detenue could not have been detained under the provisions of PSA when he was already in the custody of the respondents and lodged in Police Station Tarzoo, in connection with the F.I.R bearing No. 119/2017 u/s 113 ULA Act.

(3.) The respondents have argued that the order of detention has been passed after taking into consideration the relevant provisions of J & K Public Safety Act. 1978 (JKPSA). The grounds of detention have been conveyed to the detenue in the language with which he is conversant and these have been read over and explained to him at the place of his detention, i.e. District Jail, Kathua, Jammu. Therefore, the order of detention does not suffer from any vice. It has been passed with due diligence and it will sustain in the eyes of the law. The arguments of the learned counsel for the respondents are in tune and in line with the pleadings of the respondents.