MOHAMMAD ASHRAF MIR Vs. STATE AND OTHERS

JUDGEMENT

(1.) The detenue - Mohammad Ashraf Mir, was detained vide order No. 174/DMB/PSA of 2018 dated 17-02-2018 passed by 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) and he was kept in Central Jail Kotbhalwal, Jammu. The detenue continues to be there at the moment. The grounds of detention, along with the allied documents, are said to have been served on the detenue and the contents thereof, as contended, are said to have been read over and explained to him in the language which he understood fully well.

(2.) The order of detention has been challenged on the grounds, inter alia, that the detenue could not have been detained under the provisions of PSA when he was already in the custody of the respondents in connection with F.I.R No. 12/2018 for offences punishable under section 13 ULA(P) Act, 7/25 Arms Act, registered in Police Station Baramulla. It is also argued that the detenue has been deprived of the right to file an effective representation against the order of his detention, as the relevant material, relied upon by the Detaining Authority while passing the impugned order of detention, in the form of the dossier, copy of the FIR etc., have not been furnished to him.

(3.) In the counter affidavit, 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. 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.