Decided on February 22,1999



- (1.) ORDER :- Mohd. Amin Lone has been detained for a period of twentyfour months under order No. 153/DMP of 1997 dated 14-10-1997 of District Magistrate Pulwama under Section 8 of J. and K. Public Safety Act. This detention order has been challenged by him through his father on following grounds :- The detenue was arrested on 20-9-97 by the security officers and was kept in confinement till the impugned order of District Magistrate Pulwama was passed. The procedural safeguards provided by the provisions of J. and K. Public Safety Act have not been observed. He has not been referred to the Advisory Board under P. S. Act, in prescribed time. The Advisory Board has not given any opinion as to sufficiency or otherwise of the detention. The impugned order also suffers from non-observance of guarantees and safeguards provided by Articles 21 and 22 of the Constitution. The detaining authority has not applied its mind. The impugned order has been passed on conjectures. The matter has not been subjectively considered by the detaining authority. The order of detention and the material referred to in grounds of detention have not been served and supplied to the petitioner. The grounds of detention supplied to the detenue were neither intelligible nor understood by him, in so far they were written in English language. The detenue has been prejudicially effected to make effective representation against the detention order to the Government for above reasons. That petitioner was arrested in FIR 99 of 1997 registered at P-5 Awantipora, but the authority does not seem to be aware of his arrest in the regular case and copy of FIR has not been provided to him.
(2.) . Respondents through Masoud Samoon, District Magistrate Pulwama have filed counter-affidavit in which each and every allegation challenging the detention order, has been countered and refuted. It is averred that the deponent, District Magistrate Pulwama considered the petitioner's case objectively on the material made available to him and his detention was ordered to prevent him from indulging in activities prejudicial to the security of the State, after having regard to overall security and public order situation in the State. The detenue has been provided each and every bit of material which is basis for detention and included in grounds of detention. The detention has been approved by the Government and referred to Advisory Board in accordance with law and the board opined existence of sufficient grounds for continuing detention of the detenue. The order was served on detenue. The material was also supplied to him. It was explained to the detenue in his mother tongue. As it was thought that petitioner would get bail in regular case, therefore, he was detained under J. and K. Public Safety Act in the interest of "safety, security, integrity of State and Union".
(3.) XXXXXX;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.