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2004 Supreme(SC) 1409

ARIJIT PASAYAT, S.H.KAPADIA
State Legal Aid Committee, Jandk – Appellant
Versus
State Of J & K – Respondent


ORDER

Arijit Pasayat, J.-Though several questions have been raised in this petition, it is not necessary to deal with them in detail as we find that there is no definite material to show that the requirements of Section 13 of the Jammu & Kashmir Public Safety Act, 1978 (in short the Act ) requiring the grounds of order of detention to be disclosed/communicated to the person affected by the order has been complied with. Though, in the affidavit filed by the State, it has been stated that the contents of the warrants and grounds of detention were served, read over and explained to the assessee and he was informed about his right to make a representation against the detention, if he so desired, there is no material placed on record to substantiate this stand. It is stated in the affidavit that the detenue refused to receive copy of the detention order and also refused to put his signatures on the documents. The least the State could have done is to file an affidavit of the person who wanted to serve the relevant documents and an endorsement to the effect that there was refusal. Even the name of the official has not been indicated in the affidavit. That would have been sufficient to co





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