FAROOQ AHMAD Vs. STATE

JUDGEMENT

(1.) IN this petition of Habeas corpus the detention of Habibullah Hajam s/o Abdul Rehman r/o Path Dillgam, arrested u/s 8 of the J&K. Public Safety Act, thereinafter referred to as Act) has been challenge on various grounds as enumerated therein, which will be discussed and appreciated in this judgement.

(2.) AFTER admitting the petition to hearing, the respondent was noticed and Mr. Panth Govt. Advocate appeared on his behalf. Despite sufficient opportunity given to him the counter was not filed, with the result that his right to file the same was closed on 11.4.1991 and the case ordered to be processed for hearing. However, Mr. Pant filed an application on 18.7.1991 for permitting him to file the counter, which was dismissed by the court for the reasons given in its order dated 30.7.1991. However, Mr. Panth was given liberty to produce the record pertaining to the detention of the detenu at the time of hearing,

(3.) I have heard the learned counsel for the parties. On the date of hearing also the record was not available with Mr. pant and he was given some more lime for its production. On 23.8.91 he produced the record in my chambers comprising of File No. Home 1SD -4281/90 regarding detention of Habibullah Hajam, I have gone through this file. It contains some copies of the detention order signed by Addl. Chief Secretary (Home), the order of the Advisory Board, the receipt obtained from the detenue of the grounds of detention and the dossier for the detention of the deter signed by SP, CID,CI Jammu, and nothing more.