MOHAMMAD RAMZAN KHAN Vs. STATE

JUDGEMENT

(1.) One Mr. Mohammad Ramzan Khan, has been detained by dint of order bearing No. 17/DMB/ PSA of 2017 dated 25 th of September, 2017, passed by the respondent No.2 - District Magistrate, Bandipora, 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 the detenue was lodged at Central Jail, Kotbalwal, Jammu, and continues to be so at the moment.

(2.) Learned counsel for the respondents stated at the bar that the order of detention was executed on 27th of September, 2017 by one SI Mohammad Hussain of DPL Bandipora, who served and read over the contents of detention warrant and the grounds of detention to the detenue in the english language and explained the same in the kashmiri language, which language the detenue understood fully well.

(3.) The order of detention has been challenged before this Court on various grounds. However, the main plank of the pleadings & the argument of the learned counsel for the petitioner is that in terms of his communication dated 25-09-2017, 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 read over and explained to the detenue in the language which he understood fully well and he was told that he has a right to make a representation to the Government against the order of his detention, which, it appears, has not been filed by him. The arguments have also been advanced on similar lines.