MOHD AMIN ALIA Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER alleges that he was arrested on 18 -01 -1996 in connection with FIR No. 30/96, registered at Police Station Saddar, Srinagar. His punitive detention ended when he was acquitted in this case on 28 -06 -1999 by District and Sessions Judge, Budgam (Annexure -A). The District Magistrate, Srinagar under order No: DMS/PSA/149/96 dated 11 -06 -1996 has ordered preventive detention of the petitioner under section 8 of the Jammu and Kashmir Public Safety Act for a period of 18 months with a view to prevent him from acting in any manner prejudicial to the security of the State. This order, petitioner alleges, has remained unexecuted all along. As the order is sought to be executed, he has challenged the order in main on the ground that the proximate live link between grounds of detention and purpose sought to be achieved by the detention is missing due to non -execution of the order for last over three and a half years. It is stated that there is no nexus between the order and detention.

(2.) DESPITE opportunity, respondents have not filed counter/objections, though Mr. G. Mustaffa, GA appeared and was heard. Counsel for the parties addressed their arguments and placed their respective contentions before court. The question to be determined is whether petitioner can in the facts and circumstances of the case challenge order of detention passed under Section 8 of the J&K Public Safety Act, 1978, before detention order is executed and the subject (petitioner) is actually detained there under.

(3.) THE counsel for petitioner relying on N.K. Bapna Vs. Union of India and others (1992) 3 SCC 512 and Addl. Secretary to Government of India Vs. Smt. Alka Subhash Gadia (1992 Supp. (1) SCC 496, submits that detention order can be challenged even before service of the order on the detenue (petitioner here) and further argues that this Habeas Corpus petition is maintainable even at pre -execution stage as the Ëœproximate live linkâ„¢ between the warrant of arrest and the purpose sought to be achieved by the detention is missing.