AB SALAM RATHER Vs. STATE

JUDGEMENT

(1.) PETITIONER â„¢s case is that he was arrested on April 19, 1990 in case FIR No: 3/1990 of police station CIK Srinagar for offence under Section 3/4 TADA and was subsequently detailed vide Government order No: Home -TSD -311 -GR of 1990 dated July 9, 1990. Pursuant (thereto he was taken into custody on July 24, 1990 and lodged at Kathua Jail. Grounds of detention were communicated to him on July 25, 1990. His case was placed before the Advisory Board vide order No : Home -ISD -269/90 dated August 18, 1990 and his detention confirmed on October 15, 1990.

(2.) THE petitioner seeks quashment of his detention on a number of grounds and primarily on the ground that the detaining authority had not shown any awareness of his being already in custody pursuant to FIR No :

(3.) /1990 and had not indicated compelling reasons for ordering his preventive detention and that grounds of detention were not communicated to him in the language he knew and understood. 3. Order of detention has been passed against the petitioner by Addl. Secretary to Government, (Home) Department and the counter -affidavit in opposition to the petition has been filed by the Add!. Chief Secretary (Home), Mr. Mehmood -ur -Rehman.