MOHAMMAD IRFAN KHAN Vs. ADDL CHIEF SECRETARY HOME

JUDGEMENT

(1.) ORDER :- Mohammad Irfan Khan has been detained under Section 8 of the J. and K. Public Safety Act under Order DMA/PSA/138 dated 22-7-97 of District Magistrate, Srinagar, the respondent No. 2. This order of preventive detention of petitioner is challenged in this writ petition on following grounds :-

(2.) That the detenu has not been served order of detention. He has not been supplied even the material referred to in the grounds of detention. He was not even informed that he has a right of making representation against the detention to the Government, by these acts of omissions, the deponent has been prevented from making effective representation against the detention to the Government. Further the grounds of detention supplied to the detenu were not understood by and intelligible to him. The detention grounds were in English and not translated or accompanied by a transcription in Urdu or Kashmiri, thereby he has been prejudicially effected. Copy of FIR No. 190/97 of Police Station, Shergari referred to in the grounds of detention has not been supplied to him. The petitioner's case has not been referred to the Advisory Board within the prescribed time period. The Board has not given its report and he has not been produced before the Court. His detention order has not been confirmed. The order of detention has been passed while the petitioner was already in custody of the respondents. Simultaneously he has been shown arrested in the substantive offences as well as under preventive detention. The petitioner's fundamental rights guaranteed under Article 22 of the Constitution has also the procedural safeguards prescribed by the Jammu and Kashmir Public Safety Act have been violated.

(3.) Respondents have filed counter-affidavit. The counter-affidavit has been sworn by Dr. A. G. Sofi, Under Secretary with the Home Department. It is admitted that the petitioner has been initially arrested on 5-5-1997 in FIR No. 190/97 u/S. 7/27 IAA of P/S Shergari, Srinagar. But, however, as the State had apprehension that the petitioner may be released on bail he was detained under the Public Safety Act, to prevent him from acting in any manner prejudicial to the Security of the State. The detention order was passed on 22-7-1997 by the District Magistrate, Srinagar and the detenu was taken in custody pursuant to the detention order on 6-9-1997. The detention order was read over and explained to the petitioner in the language which he fully understood and in lieu of which he put signature on a copy of detention order. The grounds of detention were served on him on 6-9-1997 and the contents thereof were read and explained over to him in a language which he understood. The detenu was informed of his right to make representation to the Government on 22-7-1997. The case of the petitioner was referred to the Advisory Board. The Board tendered its opinion and submitted report to the Government and the Government confirmed the detention of the petitioner.