WP (Crl) No. 73/2020

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IN THE HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

WP(Crl) No. 73/2020

Reserved on 02.03.2021

Pronounced on 10.03.2021

Javid Ahmad Wani

…Petitioner(s)

Through: Mr. Lone Altaf, Adv.

Vs.

Government of JK &Anr.

...Respondent(s)

Through: Mr. Raisud din Ganai, GA

Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

JUDGMENT

1. The present petition has been filed by the petitioner through his father

seeking quashing of order dated 11^th June 2020 bearing No. 01-DMG-

PSA-2020 (hereinafter referred to as 8order impugned9) issued by

respondent No. 2 by virtue of which the petitioner has been detained

under the provisions of J&K Public Safety Act.

2. It is submitted that the petitioner was arrested on 17^th May 2020 by

Police Station Ganderbal and after keeping him in custody for more

than three weeks, the petitioner was detained by virtue of the order

impugned.

3. The order impugned has been challenged on the grounds that the

grounds of detention are vague and on the basis of such vague

grounds, no prudent man can make an effective representation; that

the petitioner has not been provided with the documents relied upon

by respondent No. 2 while issuing order impugned; that the petitioner

has read up to 8^th standard only and thus can understand Urdu and

MOHAMMAD ALTAF NIMA

2021.03.15 11:02

I attest to the accuracy and

integrity of this document

WP (Crl) No. 73/2020

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Kashmiri and he was not supplied with the translated version of the

grounds of detention; that the petitioner has not been informed as to

the time frame within which he can make representation against the

order impugned.

4. Counter stands filed in which it is stated that all the constitutional as

well as procedural safeguards as envisaged by Article 22 (5) of the

Constitution of India and J&K Public Safety Act have been followed

by the respondents while issuing the order impugned. It is further

stated in the counter affidavit that the detaining authority has passed

the order of detention after deriving a subjective satisfaction and the

grounds of detention, the order of detention as well as entire material

relied upon by the detaining authority have been furnished to the

petitioner. The said detention order was executed by Shri Illiyas

Ahmad, Inspector on 14^th June 2020 and petitioner was handed over to

Central Jail Kotbalwal for lodgment. The contents of the detention

order and the grounds of detention were read over and explained to

the detenu in Kashmiri Language which he fully understands and in

lieu of which his signatures had been obtained in the execution report.

Further the case of the petitioner was referred to the Advisory Board

for its opinion and after considering the material, the Advisory Board

opined that the detention of the petitioner is necessary, and thereafter,

the said order was confirmed by the Government. The respondents

have placed on record the photo-copy of the record of detention.

5. Learned counsel for the petitioner has reiterated the grounds taken in

the petition and has laid much stress that no documents have been

furnished to the detenue so as to enable him to make an effective

representation.

6. Per contra Learned GA, Mr. Raisud din Ganai, appearing for the

respondents has argued that all the statutory as well as constitutional

requirements have been fulfilled by the respondents while passing the

order of detention and as such, the detention order is legal and was

MOHAMMAD ALTAF NIMA

2021.03.15 11:02

I attest to the accuracy and

integrity of this document

WP (Crl) No. 73/2020

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passed while taking into consideration the past activities of the

petitioner.

7. Heard and perused the detention record meticulously.

8. Before app