BALKAR SINGH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Whether or not an order of detention passed under J and K Public Safety Act is liable to be quashed on account of delay caused in execution of such order ? This is the question that mainly falls for determination in this Habeas Corpus petition.

(2.) Petitioner, an employee of a Sugar Mill in Gurdaspur, came to be arrested on 20th Feb, 1990 from Jammu Bus Stand. He was taken to the Interrogation Centre at Jammu and then shifted to police Station Mendhar in connection with FIR No. 22 of 1990. This was followed by order No. 2/PSA of 1990 dated 21/04/1990 passed by respondent No. 2 detaining him under J and K Public Safety Act for a period of 24 months with a view to prevent him from acting in a manner prejudicial to the security of the State. The order was served on him on May 4, 1990 and he was lodged in Central Jail, Jammu.

(3.) Petitioner challenges his detention on a number of grounds. According to him, grounds of detention are vague and ambiguous and his detention is not liable to be sustained as the detaining authority has not furnished him the material on the basis of which the grounds of detention were framed and also that unwarranted delay was caused by the respondent-Detaining authority in executing the order of detention only with a view to further delay communication of grounds of detention to him disabling him from making any effective representation, a right guaranteed to him under Art. 22 of the Constitution. It is contended that delay caused in execution of the order was a deliberate act emanating from mala fide considerations as is apparent from false statement made by detaining authority that petitioner was arrested pursuant to order of detention on 4/05/1990 from Bus Stand Poonch.