BIALAL AHMAD NAJAR Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-1999-2-6
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 09,1999

BIALAL AHMAD NAJAR Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

- (1.) ORDER :- Petition has been admitted to hearing on 16-11-1998. Despite opportunities respondents have not filed any counter. A Co-ordinate Bench of this Court on 22-12-98, granted a final opportunity to respondents for filing counter, and for producing the record. However, neither the counter has been filed nor record has been produced. So much so even counsel for respondents has not appeared today.
(2.) Counsel for petitioners has been heard.
(3.) Bialal Ahmad Najar has been detained by District Magistrate Srinagar under her order No. DMS/PSA/124 dated 23-10-98 for a period of four months, in order to prevent the detenue from acting in any manner prejudicial to the security of the State under Section 8 of J. and K. Public Safety Act. This detention order is challenged by detenue through his brother on number of grounds which in main include non-compliance with constitutional provisions of Article 22 of the Constitution and statutorily time framed mandatory provisions of Public Safety Act. It is alleged that the detenue has not been served with order of detention and material referred in grounds of detention. Grounds of detention supplied to petitioner were not understood by him. They were quite unintelligible to him in so far as they were not accompanied by translation or transcription in Urdu or Kashmiri language which he understands. The detenue has not been furnished copies of the documents and the material referred to in the grounds. The detenue has been prejudiced in making an effective representation against detention to the Government.;


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