JAMEEL AHMAD NADAF Vs. STATE

JUDGEMENT

(1.) Impugned is the detention order No. 69/DMB/PSA/2018 dtd. 6/9/2018 passed by District Magistrate, Baramulla(respondent No.2) in exercise of powers conferred on him under Sec. 8(a) of the J&K Public Safety Act, 1978, in terms of which the detenue namely Jameel Ahmad Nadaf has been detained. The said detention order has been challenged in terms of the instant petition being in breach of the provisions of Article 22(5) of the Constitution of India.

(2.) It is being pleaded in the petition that the detaining authority- respondent No.2 has not attributed any specific allegation against the detenue. Furthermore, it is stated that he has been incapacitated in filing a representation as the grounds of detention are hyper technical in nature i.e. not in a language which could be understood by the detenue. It is being stated that the detenue has read upto 12th class only and it is not possible for him to understand such a hyper technical language. It is also the submission of learned counsel for the detenue that the order of detention and the connected documents annexed with the petition clearly show violation of the right of the detenue guaranteed in terms of the Article 22(5) of the Constitution of India, having been made.

(3.) In the counter affidavit filed on behalf of the respondents, it is stated that the detenue was ordered to be detained for maintenance of 'security of the State' and 'his remaining at large would cause more damage to the public property and public order' and so in order to curb his activities it was found imperative to detain him under the provisions of J&K Public Safety Act, 1978.