ABDUL AHAD PARRA Vs. STATE

JUDGEMENT

(1.) Pursuant to order No. 23-DMK/PSA of 2010 dated 03.11.2010, passed by District Magistrate, Kupwara, detenue has been detained and ordered to be lodged in Kotbalwal Jail, Jammu for a period of six months.

(2.) Detention record as produced reveals that the order of detention has been approved and finally confirmed and the period of detention has been fixed as 12 months as is clear from Govt., order No. Home/PB-V/11/2011 dated 2.1.2011.

(3.) Validity of the order of detention is questioned on various grounds. First it is contended that the District Magistrate who passed the order of detention was not empowered to fix the period of detention, same is domain of the Government. Fixing the period of six month by the District Magistrate is impermissible as the same must have prejudiced the fair consideration by the Advisory Board. Similar position has been dealt with by the Hon'ble Apex Court in the judgment captioned Makhan Singh Tarasika v. State of Punjab, 1952 AIR(SC) 27, wherein it has been held as under: