FAROOQ AHMAD BHAT Vs. STATE AND ORS.

JUDGEMENT

(1.) One Mr. Farooq Ahmad Bhat, has been detained by dint of order bearing No. 41/DMB/PSA/2017 dated 30th of May, 2017, passed by the respondent No.2-District Magistrate, Baramulla, 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). The detenue was lodged at District Jail, Kathua, Jammu, and continues to be there at the moment. The order of detention was executed on 01-06-2017 and the grounds of detention, along with the allied documents, are said to have been served on the detenue.

(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 stated that the material, on the bulwark of which, the order of detention has been formed, has not been provided to the detenue and so on and so forth.

(3.) The respondents have pleaded that the order of detention has been passed after taking into consideration the relevant provisions of J and 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.