MUSHTAQ AHMAD THOKAR Vs. STATE

JUDGEMENT

(1.) DETENUE Mushtaq Ahmad Thokar S/O Abdul Razak Thokar R/O Shouch Kulgam, Kashmir, has sought indulgence of this court through the medium of this writ petition filed under Article 226 of the Constitution of India read with Section 103 of the State Constitution for quashment of detention order No. DMB/PSA/ 2001/5 dated: 27 -05 -2002.

(2.) THE petitioner has called in question detention of the detenue on various grounds adumbrated in this petition.

(3.) ON admission of this petition, respondent District Magistrate. Budgam, has filed his counter affidavit wherein inter -alia he has stated in the preliminary objections styled as Factual back ground that the detenue was ordered to be detained under Public Safely Act vide order No. DMB/PSA/5 of 2001 dated: 27 -05 -2002 for his past activities and inclination and in order to prevent him from activities which are prejudicial to the security of the State. In para No. 1 of the clause headed as Factual Back ground, he has also stated that the order of detention was passed by the Answering respondent and was approved by the Government on 26 -06 -2002. Thus on the own showing of the detaining authority, the impugned order of detention came to be passed on 27 -05 -2002 and same came to be approved by the Government on 26 -06 -2002 when mandatory requirement of sub -section (4) of Section 8 of the Public Safety Act provides that no order passed under section 8 of the Public Safety Act shall remain in force for more than 12 days after making the order thereof, unless in the meantime it has been approved by the Government.