FARHAT AHMAD KANJWAL Vs. STATE

JUDGEMENT

(1.) BY medium of this petition for a writ of habeus corpus the detention of Farhat Ahmad Kanjwal S/o Abdul Gaffar Kanjwal R/o Mohalla Syed Sultan, Sopore, Baramulla as ordered by the respondent u/s. 8 of the J&K Public Safety Act, hereinafter referred to the Act, has been challenged on numerous grounds as enumerated therein.

(2.) DESPITE ample opportunities the respondent has failed to file any counter. The petition was admitted as far back as on 25.1.1991. It took five months to serve the respondent where on 27.6.1991, the Government Advocate appeared for the respondent. He took six opportunities to file the counter but failed to do so. Last of all on 17 -12 -1991 the right to file counter was closed. Thereafter, for one reason or the other the case would not be taken up for hearing till 17 -4 -1992. On that day when the case was heard, the learned Sr. AAG, had no record with him. He was given time to produce the same. He again failed to produce the record of detention. The result of all this would be that the allegations made in the petition on an affidavit have remained unrebutted and are to be taken as correct.

(3.) I have heard the learned counsel for the petitioner. First of all the detention has been challenged on the ground that the same has been made under the orders of an in -competent authority.