AB QAYOOM Vs. STATE OF J&K
LAWS(J&K)-1999-12-14
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 29,1999

Ab Qayoom Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.) ABDUL Qayoom R/o Basantgarh Tehsil Ramnagar of District Udhampur has through his father challenged his detention ordered by District Magistrate Udhampur vide his Order No. DM. Udh/ PSA -98/12 dated 17 -8 -1998. He has been detained for a period of two years u/s 8 of the J&K Public Safety Act, 1978 in order to prevent him from acting in any manner prejudicial to the maintenance of public order. The detention is impugned on the following grounds.
(2.) IT is alleged that the procedural safeguards prescribed under J&K Public Safety Act have not been adhered to. How and in what way provisions of Public Safety Act have been violated or infringed is not specified or made out in the petition. It is also alleged that the grounds of detention are vague, indefinite and devoid of required particulars. The detention grounds are based on conjectures. The detaining authority has not derived subjective satisfaction from record. The detention is stated to be bad also for the reasons that detenue an illiterate was \not supplied the grounds in a language which he could understand. The grounds supplied to him in English are not understood by him. He has not been also served with the order of detention. The material referred in the grounds of detention has not been supplied to him. He has been prevented from making representation against his detention.
(3.) RESPONDENTS through the Under Secretary to the Home Department have filed counter. The detention of Abdul Qayoom for two years under Section 8 of P.S. Act for maintenance of public order is admitted. It is refuted that any provisions of P.S. Act has been violated in this case. The detenue is stated to have been served with the order of detention. Police report and dossier which the detaining authority received from Supdt. of Police Udhampur. All the material relatable to petitioners indulgence in violence and his being at large perceivable as potential threat to the public order was handed over to the detenue. The order/ grounds and the whole material was translated/ explained to the detenue in a concise form and the detenue acknowledged the same and executed receipt thereto. The detention order and grounds were explained to the detenue in his mother tongue. He was also informed of his right to make representation against the detention, if he so desired. The detention order was placed before Advisor Board after complying with provisions of P.S. Act. The detenue appeared before the Advisory Board and was heard in person by Advisory Board. The Board after finding the case in order and on consideration have opined and reported that the order of detention should continue. Thereafter, the Govt. approved and confirmed the order of detention. The order of detention is based on application of mind and is outcome of subjective satisfaction of the detaining authority. The detaining authority has derived satisfaction from the dossier, police report and other material which the detaining authority received from police concerned basis of detention in question. There has been no violation of any right of petitioner As the detenue have been regularly approaching courts and getting bails, the detaining authority thought it necessary to detain the detenue in order to prevent him from indulging in activities prejudicial to the security ot thn state and the maintenance of public order more so keeping in view the real possibility that detenue would approach court and may get bail, as the court(s) have been regularly admitting applications of bail.;


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