SHOWKAT AHMAD DAR Vs. STATE OF J&K AND ORS.
LAWS(J&K)-2020-7-8
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 22,2020

Showkat Ahmad Dar Appellant
VERSUS
State of JAndK And Ors. Respondents




JUDGEMENT

Sindhu Sharma,J. - (1.)District Magistrate, Pulwama vide order No. 6/DMP/PSA/2019 dated 15.02.2019 detained Showkat Ahmad Dar S/o Nazir Ahmad Dar R/o Murran, Tehsil & District Pulwama under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 to prevent him from acting in a manner prejudicial to the security of the State. This order of detention is challenged by the detenu through his brother, Mushtaq Ahmad Dar.
(2.)The detenu seeks quashing of the aforementioned order of detention on the grounds; that the detention order has been issued in violation of the constitutional safeguard provided under Article 22(5) of the Constitution of India. That the Detaining authority has not served the material referred in the grounds of detention to the detenu. The allegations referred in the order of detention are vague, non-existent and detention order as such is un-justified and illegal. There is non-application of mind by the Detaining Authority while passing the order of detention as there is no illegal activity attributable to the detenu to justify his detention.
(3.)Amongst other grounds, it is also pleaded that the detenu is only 9th pass and he understands Kashmiri and Urdu languages only. He has not been provided with translated copies of the grounds of detention and further they have not been explained to him in the language he understands. The grounds of detention are in English language, thus, unintelligible to the detenu and he was prevented to make an effective representation, thus, rendering the detention illegal.
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