TARIQ AHMAD GOGIA Vs. STATE

JUDGEMENT

(1.) ORDER :- Tariq Ahmad Gogja has been detained for a period of twelve months in terms of Section 8 of J. and K. Public Safety Act under orders of April 22, 1998 of District magistrate Srinagar-respondent No. 2. This order is impugned in this petition by the petitioner through his father.

(2.) Detenu is alleged to have been arrested on 27-2-1998 and thereafter taken in preventive detention as above. It is alleged that the provisions of Public Safety Act regarding reference of his detention case to Advisory Board and producing the detenu before the Advisory Board have been violated. The detenu has been detained on vague, indefinite and omnibus allegations. The order suffers from non-application of mind and lacks in subjective satisfaction. The detenu has not been served with order of detention nor the material referred in the grounds has been supplied to him. The grounds of detention have not been supplied to the detenu in the language which he understood. The detention grounds written in English were not accompanied by translation or transcription in Urdu or Kashmiri. Petitioner/detenu has been prejudicially affected and disabled to make an effective representation against detention to the Government. The detaining authority has not shown the awareness about the detenu's arrest and involvement in regular case while passing the detention order.

(3.) Respondent No. 2 the detaining authority has filed the counter-affidavit, wherein, it is averred that the detenu has been detained on subjective satisfaction and application of mind by respondent No. 2 in order to prevent him to indulge in activities prejudicial to the security of the State. It is further stated that the detention order and the grounds have been read over and explained to the detenu in the language which he understood and signature on endorsement of receipt has been obtained from the detenu. The detenu's case has been referred to the Advisory Board. After obtaining opinion of the Board detention of the detenu has been confirmed. The grounds of detention are stated to be neither vague nor devoid of any particulars. The detention order is stated to be based on grounds of detention alone and no other material has been relied on. Therefore, copy of irrelevant material has not been supplied to the detenu. The FIR No. 54/98 registered at P/S Sakakadal Srinagar has not been relied for the detention, therefore, copy thereof has not been furnished to the detenu.