NISSAR AHMED DAR Vs. STATE

JUDGEMENT

(1.) Subject Nissar Amed Dar is detained u/S. 8 of J and K Public Safety Act, 1978 and lodged in District Jail, Udampur under O. No. 70 of 2001 dated 10-2-2001 of District Magistrate, Baramulla (Annexure P-1). This order is impugned on number of grounds. However, the counsel confines his submissions to following two grounds :- First that there has been inordinate delay of over two months in executing the detention order when in fact detenu was with the State Govt., in substantive offence(s) and no explanation or reasons are given for delayed execution which vitiates the order.

(2.) Secondly that the above ground of delay in execution coupled with the fact that no application for bail has been made in the substantive offence, renders the order to suffer from non-application of mind and order is vitiated.

(3.) Respondents in terms of counter filed by the Detaining Authority (respondent No. 2) and submissions of the Govt. Advocate has resisted the challenge to the detention order. It is submitted that though there has been delay of 71 days in executing/implementing the order but the detenu was already with the State Govt. in a substantive offences under FIR No. 131/2000 u/Ss. 7/25 I.A. A registered at P/S Bandipora. It is also submitted that the detaining authority has applied its mind to all material facts and circumstances appearing on record. Merely because no application has been moved that is of no consequence as the Detaining Authority has the apprehension that the detenu may get bail and his being at large is detrimental to the security of the State.