MOHD AKBAR SHEIKH Vs. STATE

JUDGEMENT

(1.) DETENTION order No. DMS/PSA/10 Dated: 18 -05 -2001 of District Magistrate, Srinagar (respondent No. 2) and the consequent detention of the subject Mohd Akbar Sheikh U/S 8 of J&K PS. Act, 1978 is under challenge on various grounds. However, the counsel confines his submissions and arguments only to non -communication of the order and grounds with material to detenue and inordinate delay in execution of order of detention. These pleas with facts are given in paras 2, 7 and 10 of the petition. Respondents through respondent No. 2 detaining authority has filed counter.

(2.) MR . R. Fida, GA relying on the counter and record has countered both the grounds of challenge to submit that the order of detention is valid and in -order. Para 10 of the petition reads as under - "That the detention grounds state that the detenue has been arrested in FIR No. 14/2001 U/s7/25 IA. Act of Police Station Shergarhi, Srinagar. It was incumbent upon the detaining authority to furnish the copy of the said FIR alongwith the statements of the prosecution witnesses recorded under Section 161Cr. P.C. Non supply of copy of FIR and other material referred to in the detention grounds has not only prevented the detenue from making an effective and purposeful representation to the Government but also renders the detention of the detenue illegal, void and unconstitutional."

(3.) IN reply though this para is not specifically replied but at para 3 of the reply it is stated: - "It is denied that the detenue has not been served the grounds/order of detention. The material which formed the basis of passing detention order was furnished to detenue. FIR was not basis of passing order, mention of FIR in the grounds was for reference purpose." The order of detention begins as "Whereas I, Bipul Pathak. IAS District Magistrate Srinagar am satisfied on the basis of records received from SSP Srinagar...."