MOHD. ASHRAF KHAN Vs. STATE

JUDGEMENT

(1.) ACTIVITIES of the detenu as detailed in the grounds of detention to the satisfaction of detaining authority were found to be prejudicial to the security of the State. Resultantly, vide order No. 05 -DMK/PSA of 2009 dated 29.06.2009, detenu has been ordered to be detained Aggrieved thereof, instant petition has been filed.

(2.) GROUNDS of detention would reveal that the detenu had read upto 5th standard but due to poverty gave up the studies and started grazing the cattle. While attaining the age of 15 years is alleged to have ex -filtrated to POK in the year 2003 for acquiring illegal arms and ammunition training. He is stated to have infiltrated into the Valley after having escaped from the training camp in the year 2004 but had infiltrated without arms and ammunition. In the month of January, 2009 is alleged to have developed contacts with one Yunis Checkbary and is alleged to have arranged food and fruits for the militants. The detenu was apprehended on 01.06.2009 by 18th Bn. of Rashtriya Rifles and from his custody one pistol, one magazine and four pistol rounds were recovered, as a result, case under FIR No. 16/2009 for commission of offence punishable under Section 7/25 of Arms Act was registered against him in Police Station Lalpora.

(3.) FROM the grounds of detention, it is quite evident that the detenu had exfiltrated to POK in the year 2003 and has infiltrated into the Valley in the year 2004. It is also clear that he had escaped from the training camp without arms and ammunition. Thereafter, was grazing cattle and was at large till January, 2009, is alleged to have started providing food and fruits to the militants but the said allegation is vague, no material is available to support such position. That apart, it is stated that he has not been provided copies of statements recorded in connection with aforesaid FIR. Furthermore , the detenu was required to be supplied the material forming basis for the detention order in the language which he could understand so that he could make effective representation before the competent authority against his detention, which also renders the detention the order of detention illegal. Furthermore as to whether the grounds of the detention have been read over and explained to the detenue is also questioned. Record reveals that the grounds of detention have been read over and explained to the detenue in Urdu and Kashmiri languages by ASI, Abdul Majid but affidavit on behalf of the said ASI has not been filed. When it is so, it cannot be said whether that the grounds of detention were read over and explained to the detenu or not.?