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2011 Supreme(J&K) 52

JAMMU & KASHMIR HIGH COURT
Mohammad Yaqoob Mir, J.
Mohammad Yousuf Khan -Appellant
Versus
State & Ors. -Resopndent
HCP No. 216/2010
Decided On : 14-02-2011

Advocates Appeared:
Mr.Mir Shafaqat Hussain for the Petitioner., Ms.Nusrat Razak, GA for the Respondent.

The court upheld the detention order based on the detenue's activities causing damage and the registration of multiple cases against the detenue.

Headnote:

Detention Order - Public Safety Act - The court upheld the detention order based on the detenue's activities causing damage to property, vehicles, and human beings, and the registration of multiple cases against the detenue. The court also found that the detenue was informed of his right to make representation to the Government, and the grounds of detention were not vague or irrelevant. However, the court directed the government to consider shifting the detenue to a jail located within the Kashmir province.

Fact of the Case:

The detenue was involved in activities such as stone pelting, causing damage to property, injuries to police and security persons, shutting down of shops, and damaging vehicles. The Detaining Authority passed a preventive detention order to deter the detenue from such violent activities.

Finding of the Court:

The court rejected the petitioner's contentions regarding the necessity of detention, effective representation, vagueness of grounds of detention, and language barrier. However, the court directed the government to consider shifting the detenue to a jail located within the Kashmir province.

Issues: Necessity of detention, effective representation, vagueness of grounds of detention, language barrier, and detenue's lodgment location.

Ratio Decidendi: The detention order was upheld based on the detenue's activities causing damage and the registration of multiple cases against the detenue. The detenue was informed of his right to make representation, and the grounds of detention were found to be clear and relevant. However, the government was directed to consider shifting the detenue to a jail located within the Kashmir province.

Final Decision: The petition was dismissed, and the government was directed to consider shifting the detenue to a jail located within the Kashmir province.

1. Activities of the detenue have been noticed to be highly prejudicial to the maintenance of public order constraining the Detaining Authority to pass the order of detention bearing No. DMB/PSA/192 dated 01.08.2010. Aggrieved thereof, instant petition has been filed.

2. The activities of the detenue relatable to the stone pelting allegedly have been so fierce and criminal which have caused much damage not only to the property but to the peace, in addition have been causing injuries to the police and security persons, shutting down of the shops and damaging vehicles. The registra­tion of as many as five cases constrained the Detaining Authority to pass preventive order so as to deter the detenue from such violent activities.

3. Heard the learned counsel for the parties.

4. Learned counsel for the petitioner contended that the detenue allegedly being involved in cases registered as FIR Nos.253, 261, 289, 299 and 302 of 2010 registered in Police Station, Budgam was never apprehended nor detenue had applied for bail, therefore, detention was not required, otherwise compelling rea­sons were to be recorded for so doing.

5. This contention of the learned counsel is to be rejected as rightly projected by the learned counsel for the respondents. When the activities of the detenue are such which are to cause much damage not only to the property, vehicles but even to human being and it is only when he has been indulging in such activities, number of cases have been registered against him, he appears to be an unruly person. The compelling reasons for detaining a person while in custody in connection with other cases have to be gathered from the facts and circumstances. The circumstances as projected in the grounds of detention are such which would provide for having recourse to preventive measures. The Detaining Authority appears to have applied his mind while noticing the activities of the detenue, more particularly registration of number of cases against the detenue and has thereafter passed the order of detention.

6. The second contention of the learned counsel for the petitioner is that the detenue has not been furnished the copies of detention order, FIRs and the state­ments recorded under Section 161 Cr. P.C, so has been deprived of making an effective representation.

7. This submission is also without any substance as the perusal of the detention record would reveal that the detenue has been informed, as required in terms of sub-section 1 of Section 13 of Public Safety Act, about his right to make representa­tion to the Government. He has not chosen to make any representation. Question of making an effective representation would arise when a person given chance makes a representation and then subsequently he can claim that he could not make an effective representation for want of non supply of the material considered by the Detaining Authority for passing the order of detention. Whey detenue has not made any representation has not been explained in the petition. In case detenue would have reacted on the basis of information as given to him by the Detaining Authority about making representation, by filing representation, even in the case of its rejection, it would be said that the detenue has been deprived of making an effective representation. Therefore, this ground is not available to the petitioner.

8. Next it is contended that the grounds of detention are vague, non-existent, irrelevant and unfounded.

9. This submission is also bereft of any sanctity as the copies of FIRs available on record clearly indicate when, where and what types of activities were allegedly carried into effect by the detenue. Same has been considered while preparing the grounds of detention.

10. Next it is contended that the detenue being illiterate and grounds of detention being in English when the detenue can only understand Urdu and Kashmiri but no translated script in Urdu Kashmiri was provided to the detenue.

11. The certificate available on the detention reco




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