MOHAMMAD HUSSAIN WAGAY Vs. STATE AND ORS.

JUDGEMENT

(1.) The detenue - Mohammad Hussain Wagay, was earlier on detained by the respondent No.2, District Magistrate, Shopian, 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), in terms of detention order bearing No. 107/DMS/PSA/2017 dated 08-08-2017. The said order was challenged before this Court by the medium of HC(P) 296/2017 and after allowing the writ petition on 27-02-2018, the order of detention was quashed by this Court. It has been stated that when the said order was served on the respondents, they, instead of releasing the detenue, kept him in illegal custody at Police Station, Shopian. The detenue was not produced before any Court of law till such time that he was shifted to Kotebalwal Jail, Jammu, in terms of another order of detention, passed by the respondent No.2, bearing No. 120/DMS/PSA of 2018 dated 08-03-2018, impugned herein. The detenue continues to be in Central Jail Kotebalwal, Jammu, at the moment.

(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 booked in substantive offences under various F.I.Rs and was already in the custody of the respondents. It is also contended 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 copy of FIRs, the statement recorded under section 161/164-A Cr.PC etc., have not been furnished to him.

(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. Central Jail, Kotbhalwal. 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.