SONA BEGUM Vs. STATE

JUDGEMENT

(1.) Petitioner seeks quashment of detention of her son Mohd Ayub Shabnam. He is said to have been arrested by Army authorities on 14/05/1990 and later taken into custody by police on 22-5-1990 in case FIR No. 45/1990. Subsequently detention order No. 35/PSA/90 dated Aug. 8, 1990 was passed by respondent No. 2 ordering his detention for two years. This order was executed on 11-8-1990. Grounds of detention were served on him on 13-8-1990. His case was referred to Advisory Board on 4-9-1990. His case vide No. ISD/217-A/90. The board submitted its report on 7-11-1990. But itriguingly (intriguingly) his detention stood confirmed by Govt. vide order No. Home. ISD-845-A/90 dated 19-8-1990. In other words Govt. had confirmed his detention at a time when His case had not been referred to the Advisory Board. I shall advert to this aspect later. In her petition, petitioner challenged

(2.) On 5-3-1991, this court granted two weeks last opportunity to respondents to file counter-affidavit and directed the case to be listed for hearing. No counter was filed within stipulated time. However, Mr. Jalali, AAG, appears to have presented a counter-affidavit in Registry on 9-7-91 which is placed along with the petition. In the interests of justice, I am taking this counter affidavit into consideration along with the record submitted by Mr. Gupta, AAG.

(3.) Learned counsel for petitioner has not pressed his challenge to the vires of the Act. Instead he has confined his attack on other grounds, which I do not propose to examine in entirety for the reason that petitioner is liable to succeed on two counts, to be dealt with hereinafter.