Mohd. Akram vs Union Territory of J&K

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(J&K) 543

SANJAY DHAR
Mohd. Akram – Appellant
Versus
Union Territory of J&K – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Muzaffar Iqbal Khan
For the Respondent: Bhanu Jasrotia

JUDGMENT :

1. Through the medium of instant petition, the petitioner (hereinafter referred to as the 'detenue') has challenged the order of detention bearing No. DMR/INDEX-02 of 2020, dated 18.11.2020 passed by respondent No. 2 (hereinafter referred to as the 'detaining authority') whereby the detenue has been detained in terms of the provisions of J&K Public Safety Act, 1978 (hereinafter referred to as the 'Act').

2. The detenue has challenged the impugned order of detention on the grounds that he has not been supplied the grounds of detention and the material in support thereof in the language that is understood by him as he is an illiterate person; that he has not been informed about his right to make an effective representation before the detaining authority against the impugned detention order; that there is complete lack of application of mind on the part of the detaining authority while framing the grounds of detention, inasmuch as the same are more or less xerox copy of the dossier submitted by the police; that the detenue's father had died in the year 1999 and in spite of this, the detaining authority has forwarded the impugned order of detention to his father which shows co

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