Decided on March 15,1999

Mehraj -Ud -Din Sheikh Appellant
STATE OF JANDK Respondents


- (1.) THE Petitioners brother, Mehrajuddin Sheikh, was arrested on 11 -6 -1998 by the police in the case FIR No: 80 of 1998 Police Station Maisuma, Srinagar, for the substantive offences. While he was in custody, the District Magistrate, Srinagar issued the order under section 8(2) of the J&K Public Safety Act, hereinafter referred to as the Act, whereunder his detention for a period of ten months was directed,
(2.) THE petitioner challenges the order of detention on the grounds: (i) that the procedural safeguards and constitutional rights have not been followed/complied with as the order of detention and the material relied upon and referred to in the grounds of detention having been not served to enable him to make the representation against the order; i (ii) that the report of investigation having been produced against the detenu in the court of law in FIR No. 80of 1998 P/S Maisuma under section 7/27 of Indian Arms Act and he having been granted bails, the detaining authority has failed to show its awareness about the pendency of the criminal case against him. (iii) that the grounds of detention couched in a foreign language were not understandable and intelligible to the detenu but no translation thereof was provided resulting in deprivation of effective representation;
(3.) IN the counter filed by the detaining authority, the procedural safeguards and constitutional requirement are said to have been complied with as the order and the grounds of detention were communicated to the detenu, with the intimation and information that he could make an effective representation if so desired, against the order. The detenu had vide the grounds of detention joined the ranks of militancy in the year 1990, whereafter he crossed the borders of the country to receive weapons training in Pakistan Occupied Kashmir After completion of the training, the detenu returned to the valley, it is alleged that the detenu resorted to the commission of heinous crimes and indulged in anti -national subversive activities. The grounds of detention also suggest that the detenu was arrested by the security forces in the year 1991 and subsequently detained under the provisions of the J&K Public Safety Act for a period of one year. He is also shown to have been booked in substantive offences under TADA for about six years and was finally released in the year 1997 from Kot Balwal (Jammu) Jail. After release, the detenu is alleged to have again indulged in subversive activities. He was thus arrested on 11 -6 -1998 for substantive offence(s).;

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