GH MOHD HALAM Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner has challenged the detention of detenue, namely, Ghulam Hassan Hajam son of Ghulam Mohi -ud -Din Hajam resident of Watergam, Wagoora, by the respondent indicated in the grounds supplied which only are pressed due to legal defect for relief to set -aside the detention for want of supply of detention order to the detenue and the grounds of detention have not been served to him in the language he understands (Kashmiri) which renders the detention order illegal and unconstitutional.

(2.) IT appears that on arrest of the detenue, the petitioner moved Habeas Corpus petition before this court for a direction to furnish grounds of detention to the detenue and consequent to the direction by the court, grounds of detention have been issued to him on the basis of which the detention has been challenged on two counts only indicated in this petition. The allegation against the detenue in the grounds is that he is an activist of JKLF, a banned organization, with its aim to disturb peace and tranquility, to kill the eminent persons, high -ups of C.RP.F. ; BSF, Judges and High Court Judges and to use sophisticated weapons; to distribute objectionable material to the public. The detenue having been arrested with other associates while attempting to cross to other side of POK to fulfill his illegal and evil designs, therefore, he has been detained under the provisions of PSA by the respondent, as his activities are highly prejudicial to the security of the State, the grounds indicating that detention order will follow separately.

(3.) ON admission of the petition, respondents were called upon to file counter which they failed despite repeated opportunities given, even last and final opportunity to the respondents to file the counter vide order dated 18 -7 -1991, resulting the closure of the counter.