SHAKEEL AHMAD MIR Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) ORDER :- District Magistrate, Srinagar, respondent No. 2, passed detention order DMS/PSA/127, dated 30-11-1999 (Annexure-P3) under S. 3 of Jammu and Kashmir Public Safety Act, 1978, whereunder one Shakeel Ahmad Mir on whose behalf this H.C. petition, writ petition has been filed, is detained with a view to prevent him from acting in any manner prejudicial to the maintenance of the security of the State. This order is challenged in this petition on number of grounds.

(2.) Counter-affidavit has been filed on behalf of respondents by District Magistrate, Srinagar, respondent No. 2.

(3.) The counsel for petitioner submits that challenge to the impugned detention order is confined only to two grounds. First, the order is vitiated for non-application of mind and has been passed in a mechanical fashion. The Detaining Authority has not been made aware of the fact that the detenu who had been taken in custody on 20-7-1999 in connection with FIR 167/99 u/Ss. 7/25, I.A. Act by Police Station M.R. Gunj, Srinagar was released and admitted to bail on 2-8-1999, by the competent Court and while out on bail and enjoying his freedom he was taken in preventive custody on 8-12-1999. Despite being out on bail for over four months, the Detaining Authority has in the grounds as also in the reply mentioned that the petitioner was in police custody when he was taken in preventive custody and handedover to jail authority at Udhampur for confining him under the detention order. Next, counsel further submits that the detenu is an illiterate person who cannot undestand English language. The grounds of detention were supplied to him in English not understood by and intelligible to him. No transcript copy in Urdu or Kashmiri accompanied the grounds. The detenu has been adversely affected and prejudiced to make a representation.