AB QAYOOM ABASI Vs. STATE

JUDGEMENT

(1.) THE petitioner has moved two petitions before this court one is numbering HC No. 769 of 1991 and another HC No. 899 of 1991. In both the petitions the petitioners has challenged the order of the detention of detenue Abdul Qayoom Abasi, which has been passed by Additional Chief Secretary to Government. Home Department and is Government Order No. Home -ISD .340 of 1991 dated 26 -7 -1991. whereunder the detenue has been detained for the security of the State and has been ordered to be lodged in the District Jail, Kathua Both the petitions have been clubbed together and arc being disposed of by this Judgment

(2.) FROM the perusal of the files, it transpires that the respondents were given number of opportunities to file the counter, but despite that, they have failed and finally the court has ordered last opportunity of three weeks on 17 -5 -1991 and the case was ordered to be processed thereafter without reference to the Bench for hearing. Despite the last opportunity, respondents have failed to file the counter The case came up for hearing and was heard on 25 -11 -1991 However, respondents were to produce the records which has been produced.

(3.) FROM the perusal of the records, it transpires that the person of the detenue was arrested long before the order of detention was passed. In fact the order of detention has been served upon the person of the detenue when he was already in custody of Police Station. Satwari and the order of detention which has been passed by the Addl. Chief Secretary to Government. Home Department on 26 -7 -1990 was served upon the detenue. whereunder he was lodged in District Jail Kathua. The grounds of detention served upon the detenue do speak that for security of the state, specific details and grounds on the basis of which the detention order was ordered have not been disclosed to the detenue.