FAROOQ AHMED MALIK Vs. GOVT OF J&K
LAWS(J&K)-2020-12-6
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 17,2020

Farooq Ahmed Malik Appellant
VERSUS
Govt Of JAndK Respondents


Referred Judgements :-

A MOHAMMAD FAROOK VS. JT SECY TO G O I [REFERRED TO]


JUDGEMENT

RAJNESH OSWAL,J. - (1.)Through the medium of this petition, the petitioner has questioned order of detention bearing No. 10/DMK/PSA/2019 dated 04.07.2019 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 Act).
(2.)It is stated in the petition that the petitioner was arrested on 18.04.2019 and was in continuous custody till he was detained under the PSA Act when he was shifted to Kotbhalwal Jail on 18.10.2019. The order of detention has been assailed on the following grounds:
i) That no subjective satisfaction has been recorded by the detaining authority while issuing the order of detention and passed the same on the dictates of the sponsoring agencies.

ii) That the isolated act relied upon by the detaining authority has no proximity with the security of the State and the grounds of detention are vague, stale and bereft of the material particular.

iii) That the material referred and the relied upon by the detaining authority and the grounds of detention have not been supplied to the petitioner.

iv) That there is inordinate delay in passing the order of detention and also there was delay of more than three months in execution of the order of detention.

v) That the detenue (petitioner) has been denied of his right to make a representation in contravention of Article 22(5) of the Constitution of India as well as section 13 of the Public Safety Act and also that the detenue has not been provided the translated version of grounds of detention in Urdu language.

(3.)The respondents have filed the counter affidavit and have categorically stated that the procedural as well as statutory safeguards under Article 22(5) of the Constitution of India as well as section 13 of the Act have been complied with by the respondents while passing the detention order. They have further stated that they have supplied all the requisite documents to the petitioner so as to enable him to make an effective representation to the detaining authority or to the Government.
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