MOHD YOUSUF DAR Vs. STATE

JUDGEMENT

(1.) DETENUE through his son Mohd Yousuf Dar 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 quashing the detention order No. DMS/PSA/15 dated: 19 -04 -2002 passed by respondent No. 2 (District Magistrate Srinagar).

(2.) IT is inter -alia maintained in the writ petition that the detenue Abdul Gani Dar S/O Mohammad Abdullah Dar R/O Rusoo, Beerwa was arrested on 16 -02 -2002 near Gantagar, Lal Chowk, Srinagar by Border Security Force personnel and since then he continue to be in detention; that the detenue came to be detained under the provisions of Public Safety Act vide order No. DMS/PSA/15 dated: 19 -04 -2002, the copy whereof along with the grounds of detention were obtained by the petitioner from the office of respondent No. 2; that neither the order of detention nor the grounds of detention alongwith the material relied upon by the detaining authority have been supplied to the detenue: that the grounds of detention have not been explained to the detenue in the language he understands. It is further averred that the detenue has not been informed of his right of making a representation against his detention to the Government, that one of the grounds of detention are that the detenue was arrested on 16 -02 -2002 in FIR No. 28/2000 under section 3/4 POTO of Police Station Shaheed Gunj, but the copy of the said FIR has not been furnished to the detenue. On this ground as well the detention order is illegal and un -constitutional.

(3.) ON admission of this petition, order for issuance of notice to the respondents came to be recorded by this court on 16 -05 -2002. On 23 -07 -2002, Mr. Ghulam Mustaffa, Government Advocate caused his appearance on behalf of the State who was given four weeks time to file counter. Thereafter the case again came to be listed before the court on 27 -08 -2002, when Mr. Rafiq Fida appeared on behalf of Mr. Ghulam Mustaffa, GA, who was directed to fire counter within four weeks. The court order 05 -11 -2002 reveals that Mr. Anil Bhan appearing for respondent No. 4 had filed the counter and two weeks time was further extended to learned counsel appearing for the respondents viz Mr. Ghulam Mustaffa for filing counter with the rider that this shall be last opportunity. On 12 -11 -2002, Mr. Fida causing appearance on behalf of Mr. Ghulam Mustaffa submitted before the court that the counter has been filed in the Registry, which was not found existing on the file, as a result of which, direction came to be issued to the Registry trace out the counter filed by the State respondents. However, the Registry has filed a report that no counter has been filed by the Government Advocate appearing on behalf of the State. This being so, the conduct of Government Advocate Mr. Fida is depricated and right to file counter by respondents 1 to 3 is closed.