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M.A.CHOWDHARY
Abdul Majid @ Bhallu – Appellant
Versus
Union Territory of J&K – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Muzaffar Iqbal Khan and Mr. Syed Wajahat Ali Kazmi, Advocates
For the Respondents: Mr. Amit Gupta, AAG

JUDGMENT

M.A. Chowdhary, J.—Respondent No.2 namely District Magistrate, Jammu, in exercise of powers conferred on him under Section 8 of the Jammu and Kashmir Public Safety Act, 1978 (for short, ‘Act of 1978’), has passed the detention Order No. 07 of 2020 dated 07.07.2020 (for short impugned order), in terms whereof the detenue namely Abdul Majid alias Bhallu has been detained.

2. The impugned detention order has been challenged through the medium of the instant petition, being in breach of the provisions of Article 22(5) of the Constitution of India read with Section 13 of the J&K Public Safety Act, 1978.

3. It is being pleaded in the petition that the detaining authority-respondent No.2 has not attributed any specific allegation against the detenue. Furthermore, it is stated that the detenue has been incapacitated in filing a representation as the grounds of detention are not in a language which could be understood by the detenue. It is being also stated that the detenue is not an English literate person and understands only Urdu language but the order of detention is in English and it is not possible for him to understand such a hyper technical language. It is also the subm

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