IMTIYAZ AHMAD SOFI Vs. STATE

JUDGEMENT

(1.) THE petitioner Imtiyaz Ahmad Sofi, through his father, has invoked the jurisdiction of this Court by filing writ of Habeas Corpus under Article 226 of the Constitution of India read with Article 103 of the Constitution of Jammu and Kashmir, wherein he has sought indulgence of this Court for quashment of the detention order No. DMS/PSA/85 dated: 11 -03 -2002.

(2.) IT is inter -alia maintained in this Habeas Corpus petition that the detenue came to be arrested by the Special Operation Group Srinagar, at Rajbagh Crossing on 31 -01 -2002 and was shifted to Police Station Shaheed Gunj, Srinagar, where a false and fabricated case under FIR No. 11/2002 for offences punishable U/s 7/25 Arms Act and 21 POTA was registered by the said Police Station; that thereafter the detenue came to be detained under Public Safety Act on 11 -03 -20002 on vague and indefinite grounds, as a result of which he could not make an effective representation against the detention; that the detenue was never served with the order of detention or the material referred to in the grounds of detention: that the impugned detention order is illegal, vague and unconstitutional.

(3.) ON admission of this writ petition, the State was put to notice. Respondent No. 2 has filed his counter .affidavit wherein it is admitted that the detenue was arrested on 31 -01 -2002 and case under FIR No. 11/2002 for offences punishable -U/s 7/25 Arms Act and 21 POTA was registered in Police Station Shaheed Gunj and it is further inter -alia stated that the detention order came to be issued on 11 -03 -2002 and the same came to be approved by the Government on 14 -03 -2002 and the detenue was taken into preventive custody on 02 -04 -2002.