MUZAFFAR AHMAD DANPOSH Vs. STATE OF J&K

JUDGEMENT

(1.) SUBJECT Muzaffer Ahmad Danposh is detained under section 8 of the J&K Public Safety Act 1978 by District Magistrate Srinagar with a view to prevent him from acting in any manner prejudicial to the security of the state vide its order No. DMS/PSA/1 dated 06 -04 -2001. The other grounds that the detenue has not been served with the order of detention or the material referred in the grounds of detension. Non supply of the material referred in the grounds of detention has prejudice him as much as he could not make an effective representation against the detention order to Govt. Besides the safeguards guaranteed under Article 22(5) have not been observed as submitted by the counsel, as there has been inordinate delay in executing the warrant and 54 days have been taken to implement the detention order.

(2.) THE Govt. Counsel contests the above submissions of the petitioners counsel to solicit that the detention is in order and within confines of law.

(3.) THE detaining authority has filed counter affidavit. In terms of counter it is not specifically denied that the material referred in the grounds has not been supplied to detenue. Besides, it is admitted that the order of detention has been passed on 06 -04 -2001, followed by execution of this order on 30 -05 -2001.