FAROOQ AHMED CHOPAN Vs. STATE

JUDGEMENT

(1.) Through the medium of this petition for issuance of writ of Habeas Corpus under Article 226 of the Constitution of India read with Section 103 of the constitution of J and K, the petitioner Farooq Ahmed Chopan who came to be detained pursuant to Detention Order No. 4/JC/01 dated 24-2-2001 issued by respondent No. 2, District Magistrate, Doda under Section 8 of the J and K Public Safety Act, 1978 has sought indulgence of this Court inter alia for quashing the said detention order. It is inter alia maintained in the petition that the petitioner-detenu who is a citizen of India and a permanent resident of J and K State was taken into custody on 22-8-2000 by the army personnel, subjected him to severe physical torture and questioning him as to whether he was involved in any anti-national activities.

(2.) That the petitioner was also taken into police custody and thereafter was lodged in Central Jail, Jammu. That while in Central Jail on 24-2-2001 he was handed over a communication No. JC-01/1334-36 dated 24-2-2001 from District Magistrate, Doda alongwith grounds of detention. That the grounds of detention are not sufficient for arriving at a satisfaction that the petitioner acted or is likely to act in any manner prejudicial to the security of the State. That the order of detention is violative of Articles 21 and 22 of the Constitution of India. That the order of detention has been passed after a long delay of six months. That the petitioner has not been supplied with the copy of order of detention as such he was not in a position to make effective representation. That the petitioner was not supplied the material on which reliance was placed in passing the order of detention by the District Magistrate respondent No. 2. That no period of detention has been intimated to the petitioner. The grounds of detention are vague.

(3.) Respondent No. 2 has resisted the petition by filing his counter-affidavit stating therein that the impugned order of detention came to be passed on 24-2-2001 and the same came to be executed on 5-3-2001.