ABDUL AZIZ LONE Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) ORDER :- Detenu Abdul Aziz Lone has been detained by District Magistrate Kupwara, vide Order No. DMK/Conf/575-77 dated 21-7-1999, under Section 8 of the Jammu and Kashmir Public Safety Act,1978. The detenu has been taken in preventive custody on 22-7-1999. This order of detention is under challenge in this petition. The petitioner's counsel submits that the detenu has not been supplied the material and documents referred in and relied on in the grounds of detention. He has been supplied just two leaves forming the grounds without any supporting material. In absence of the aforesaid material and documents, the source and basis of core and basic facts of the grounds and detention have not been communicated to detenu and thereby he has been disabled to make a representation against the detention to the Government. Next the counsel submits that by supplying the grounds of detention in English which language detenu could not understand he has been prejudiced to make any effective representation against the detention. The representation of petitioner made agaist the detention has not been considered, thereby its constitutional obligation is breached by the State.

(2.) The counsel for the State while countering the arguments of the otherside, canvasses that the detenu has been communicted the grounds in detail. He has not been prejudiced in making representation. The representation made by son of the detenu, referred to by the detenu's counsel has not been received by the State, therefore, the question of its consideration does not arise and in fact the detenu has made no representation against the detention. There are serious charges against the detenu and that the subjective satisfaction of the detaining authority is informed of the documents and material on record and same is drawn on available information. The detenu is not only upper ground worker, but also a harbourer and carrier of the militant groups and in his capacity as Head Constable of Police force his anti-national activities are totally unacceptable and wholly prejudicial to the security of the State. He was informed of his right to make representation. Para (v) of the Petition reads as under :-

(3.) In counter, detaining authority asserts that the grounds of detention were prepared and supplied to detenu, but does not answer the allegation that the material and document(s) on which the grounds of detention (as reproduced even in counter) is based, was ever supplied to detenu. The existence of material and document(s) unfolding and projecting the basic core and essential facts and circumstances of the grounds of the detenton are admitted in para (b) as under :-