MANZOOR AHMAD GANAI Vs. STATE

JUDGEMENT

(1.) IN this writ petition under Art: 226 of the Constitution of India read with Section 103 of the Constitution of J&K State it has been prayed that the grounds of detention communicated to the petitioner vide order No. 930/35/ST dated 5.9.1979 be quashed and that the order of detention of the petitioner be also quashed and further that a direction for the release of the petitioner be given.

(2.) THE petitioner has been detained u/s 8(a)(i) of the J&K Public Safety Act of 1978 (hereinafter referred to as the Act) vide order No. 834 -39/ST dated 2.9.79. The grounds for detention were given to the petitioner which have been appended to the petition as Annexure -ËœAâ„¢.

(3.) THE petitioner claims that his detention is illegal inasmuch as the grounds which form the basis of his detention were vague and irrelevant. It has been submitted that because of the vagueness and irrelevancy of the grounds for his detention he has been deprived to make an effective representation against the detention order and thus has been denied the right guaranteed under Art. 22(5) of the Constitution of India.