GH RASOOL HAJAM Vs. STATE

JUDGEMENT

(1.) THROUGH the medium of this petition of Habeas Corpus, Detention Order No. DMS/PSA/50 dated: 12 -07 -2000, passed by the District Magistrate Srinagar under Section 8 of the Jammu and Kashmir Public Safety Act 1978, detained Gh. Rasool Hajam S/o Gh. Mohammad Hajam R/o Wussan Kangan has been challenged on various grounds enumerated in the petition.

(2.) THE respondent District Magistrate has filed counter affidavit wherein he has resisted the petition but has stated in para No. 1, of the said affidavit that the detention order was passed for a period of 24 months from the date of detention by the Govt. under Order No. Home -PB -V/3108/2000 dated: 22 -10 -2000. The grounds of detention were read over and explained in Urdu and Kashmiri language on 28 -08 -2000 which he understands fully. The detenue has been informed of his right to file the representation to the government. The detenue has acknowledged receipt of grounds of detention, it is being read over and explained to him in Urdu and Kashmiri languages, which the detenue understands. That the case of the detenue was placed before the Advisory Board for its opinion. The State Advisory Board opined on 19 -10 -2000 that the sufficient cause/grounds exists for his continued detention. That the detention warrant was executed and detenue was taken into preventive detention/custody on 28 -08 -2000 after contents of warrant were read over and explained to him in Urdu and Kashmiri languages which the detenue understood. The grounds of detention were also served to the detenue which is evident from the receipt dated: 28 -08 -2000.

(3.) HEARD the learned counsel for the parties.