HILAL AHMAD WAGAY Vs. STATE OF J&K
LAWS(J&K)-2020-12-5
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 17,2020

Hilal Ahmad Wagay Appellant
VERSUS
STATE OF JANDK Respondents


Referred Judgements :-

THAHIRA HARIS VS. GOVERNMENT OF KARNATAKA [REFERRED TO]


JUDGEMENT

RAJNESH OSWAL,J. - (1.)Through the medium of this petition, the petitioner has questioned the order of detention bearing No. 48/DMK/PSA/2019 dated 10.08.2019 issued by the respondent No. 2 by virtue of which the petitioner has been ordered to be detained under the Jammu and Kashmir Public Safety Act, 1978 (for short the PSA Act).
(2.)The petitioner has assailed the order of detention on the following grounds:
i) That the grounds/allegations of detention are vague and no prudent man can make an effective representation against these allegations.

ii) That the last alleged activity on the basis of which the detention order has been passed has taken place on 08.07.2016 whereas the detention order has been issued on 10.08.2019, as such, there is unexplained delay of more than three years in passing the detention order.

iii) That the respondent No. 2 has not furnished the relevant material like copies of FIRs, statement recorded under section 161 Cr.P.C, seizure memos of the case mentioned in the grounds of detention to the petitioner so as to enable him to make an effective representation to the detaining authority or to the Government.

iv) That the detaining authority has not explained the grounds of detention to the petitioner in the language he understands and also that the translated version of the material/documents have not furnished to the detenue. The detaining authority has not informed the detenue (petitioner) about his right that he can make a representation against his preventive detention before the detaining authority or the Government.

(3.)The respondents have filed the counter affidavit and have categorically stated that the procedural as well as statutory requirements under Article 22(5) of the Constitution of India as well as section 13 of the PSA Act have been complied with by the respondents while passing the detention order. They have further stated that all the requisite documents were provided to the petitioner.
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