BILAL AHMAD BHAT Vs. STATE

JUDGEMENT

(1.) PETITIONER /detenue has challenged the detention order No. DMK/SA/06 dated: 04 -02 -2000 passed by the respondent No. 2 in exercise of his powers under section 8 of the J&K Public Safety Act, 1978 (hereinafter to be referred as "the Act"), directing the preventive detention of the detenuefor a period of twenty months.

(2.) THE detention order has been challenged on the ground that the grounds of detention havebeen read over to the detenue but have not bee explained in Kashmiri language which language the detenue only understands. The detaining authority has arrived at a subjective satisfaction that ordinary law of the land is not sufficient to deter the detenue from activities prejudicial to the security of the State which according to the learned counsel for the petitioner is non -application of mind and which is not based on cogent material. The respondents were provided an opportunity to file the counter affidavit which has not been filed.

(3.) HEARD the learned counsel for the parties, perused the pleadings. The respondents have failed to file the counter and have also not produced the record of detention.