OWAIS KHALID DAR Vs. STATE OF J&K
LAWS(J&K)-2020-10-52
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 07,2020

Owais Khalid Dar Appellant
VERSUS
STATE OF JANDK Respondents




JUDGEMENT

SIDHU SHARMA,J. - (1.)District magistrate baramulla vide his der No 03/DMB/PSAJ2O 19 dated 02 idetaindi1 e detenu-Owais Khalid Dar Sb Haji Gh. Mohammad Dar with a view to prevent him from acting in any manner in the activities which were prejudicial to the maintenance of security of the state under Section 8(a) of the J&K Public Safety Act, 1978. The order of detention has been challenged by the detenu through his father.
(2.)The impugned order of detention has been assailed by the detenu on the grounds that; (i) the detenu was already in police custody when the impugned detention order was passed and the Detaining Authority has not given any compelling and cogent reason while passing the order of detention; (ii) the detenu while in custody had not applied for bail before the competent authority, therefore, there was no compelling reason to detain him, as such, the impugned order of detention suffers from total non-application of mind by the Detaining Authority while arriving at a subjective satisfaction, while passing the order of detention, as such, the same is vitiated and unsustainable; (iii) all the material relied upon by the Detaining Authority, while passing the order of detention had not been supplied to the detenu, this has prevented him from making an effective representation, as such, the detention is vitiated.
(3.)The detenu knows only Urdu and Kashmiri languages and neither the grounds of detention were explained to him nor the translated copy of the material relied upon has been provided to him, thus, he was prevented from making an effective representation as guaranteed in terms of Article-22(5) of the Constitution of India and Section 13 of the Public Safety Act, as such, the impugned order of detention is vitiated.
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