ABDULLAH SHEIKH Vs. STATE

JUDGEMENT

(1.) ABDULLAH Sheikh, S/o Abdul Jabbar Sheikh, R/o Ownata Bhawan, Soura, has filed this petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir, through his son Hilal Ahmad, seeking quashment of order No. DMB/PSA/156 of 2009 dated 6th of June09, passed by respondent No.2 -District Magistrate, Budgam, in exercise of powers conferred upon him under Section 8 of the J&K Public Safety Act, 1978 (here -in -after referred to as the Act), whereby the detenu has been detained under the provisions of the said Act.

(2.) IN the grounds of challenge, it is urged that the detenu was arrested by the police concerned on 5th of June09, in connection with an FIR registered under Sections 147, 148, 336, 427 and 353 RPC, with the police station, Budgam. In the said case, the detenu had neither applied nor was admitted to bail, and therefore, there were no compelling reasons with the detaining authority to pass an order of detention against the detenu. It is stated that the order of detention was not supplied to the detenu and he was also not provided the material on the basis of which he came to be detained under the provisions of the Act, as a result of which the detenu was unable to make a representation before the competent authority against his order of detention and the same has led to the infringement of the rights of the detenu as guaranteed to him under Article 22(5) of the Constitution of India. It is further stated that the detenu was not supplied a copy of the grounds of detention and the material relied upon by the detaining authority in the language understood by him.

(3.) COUNTER has been filed by the respondents stating therein that the detaining authority, after being satisfied that the activities of the detenu are highly prejudicial to the security of the State, was left with no option but to pass the order of detention against the detenu. It is stated that the detenu is an active member of Tehrik -i -Huriyat which has links with the militant outfit Hizbul Mujahideen. The detenu was taken into preventive custody on 8th of June09, and the contents of warrant were read over to him in Urdu and Kashmiri languages, which he understood. It is further stated that the grounds of detention were also served upon the detenu along with communication dated 6th of June09, whereby he was given the right to file a representation to the Government against his detention, which he did not choose to file. It is stated that the Government vide Order No. 1117 of 2009 dated 12th of June09, approved the detention of the detenu with the stipulation that the period of detention shall be determined on the basis of the opinion of the Advisory Board. After the State Advisory Board confirmed the detention of the detenue, the Government vide order No. 1416 of 2009 dated 29th of July09, ordered that the detenu is to be detained for 12 months. It is thus stated that the order of detention has been passed in accordance with the provisions of the Act and there is no infringement of any right of the detenu. I have heard the learned counsel for the parties.