The detaining authority must supply the grounds of detention and related material in a language understood by the detenu, as mandated by Article 22(5) of the Constitution of India and section 13 of the J&K Public Safety Act.

Per Honble Mr. Justices S. K. Gupta (Oral)

Ghulam Mohammad Dar son of Mohmmad Subhan Dar R/O Khema Bandipora has been detained under section 8 of the J&K Public Safety Act, 1978 in order to prevent him from acting in any manner prejudicial to the security of the State for a period of 24 months and lodged in Sub-Jail Kote-Balwal, Jammu, by District Magistrate, Srinagar, respondent No. 2, vide his order No. DMS/PSA/110 of 2002 dated : 08.03.2003. Subsequently the detention order was approved by the Government vide order No. Home/PB-v/587 of 2003 dated : 9.5.2003.

2. The detention order has been challenged by the detenu through his father Mohmmad Subhan Dar on variety of grounds.

3. To begin with it is stated that detenu has not been supplied with the grounds of detention, material and the documents considered by the detaining authority on the basis of which the detention order been passed and thereby deprived the detenu to make a meaningful representation against the detention order to the competent authority viz: Government. It was next submitted that the detenu is not well versed with the English language and the grounds provided were in English. The detenu understands only Urdu and Kashmiri. No translation script in Urdu or Kashmiri was provided to the detenu which also came in his way to make an effective representation against his detention and thus the order of detention is rendered invalid and illegal.

4. In the counter filed by the detaining authority, respondent No. 2, it is averted that copy of the grounds of detention as well as order of detention was handed over to the detenu against proper receipt. In reply to grounds 5, 6, 7, 8, 9, 10 of the petition, Para 3 of the counter, filed by respondent-detaining authority, read as under :

"In reply to grounds 5, 6, 7, 8, 9, 10 it is submitted that the detention order has been issued by the competent authority on the basis of well founded material, same was furnished to the detenu against proper receipt within time. The order of detention is valid and does not suffer from any infirmity or illegality. It is submitted that the grounds of detention are self-speaking and in detail. The detaining authority after proper application of mind passed the order of detention. The order of detention is legal, valid and does not suffer from illegality or infirmity as alleged by the detenu. The grounds of challenge being devoid of legal force and hence deserves to be rejected."

5. On going through the pleadings as also the detention order, it is indisputably gatherable that for the purpose of detention in question, the detaining authority has drawn subjective satisfaction from the material/ record which include dossier and other connecting documents, made available by the SSP, Srinagar. Whereas the receipt of grounds of detention alleged to have been obtained and duly signed by the detenu discloses that grounds of detention contained in one leaf through Superintendent Jail, Jammu along with order No., DMS/PSA/110 of 2003 dated: 8.3.2003 were supplied to the detenu. The receipt further discloses that the grounds of detention were read over and explained to the detenu In English/Urdu /Kashmiri language understood by him without giving a mark to show as to in which language the grounds of detention were read over and explained to the detenu. The detention record no where discloses that the grounds of detention and the other material, relied upon by the detaining authority for drawing satisfaction and farming the detention order, was also supplied with their translation script or language which is understandable to the detenu. The non-supply of the requisite material and non communication of the grounds in the language understood by the detenu amounts to depriving the detenu of an opportunity of making a representation against the order in violation of the safeguards provided in Article 22(5) of the Constitution of India and section 13 of the J&K Public Safety Act. The detaining authority in their c

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