SHAHID MOHAMMAD LONE Vs. STATE OF J&K

JUDGEMENT

(1.) Pursuant to order No.54/DMA/PSA/DET/2018 dtd. 24/9/2018, issued by respondent No.2-District Magistrate, Anantnag, in exercise of powers conferred by Sec. 8 of the J&K Public Safety Act, 1978, Shahid Mohammad Lone (hereinafter for short referred to as the detenue) has been taken into preventive custody. By the instant petition, quashment of the said order is sought on the grounds detailed out therein.

(2.) Learned counsel for the petitioner highlighted various grounds while seeking quashment of the order impugned, the star ground is that the detenue has been disabled from making an effective representation by not supplying the material forming base for the grounds of detention and the consequent order of detention. Further added that the grounds of detention are in English language besides being in a hyper technical language, the translated copy of grounds of detention has not been supplied to the detenue, therefore, could not understand the same.

(3.) The submission appears to have force as nothing has been brought on record to show that the material forming The respondents despite repeated opportunities have not produced the detention record to negate the aforesaid submission. The Hon'ble Apex Court in the judgment rendered in the case of "Sophia Gulam Mohd. Bham v. State of Maharashtra & ors" (AIR 1999 SC 3051), has held as under: