KULDEEP SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THIS Habeas Corpus petition has been filed, to quash the detention of Kuldeep Singh son of shri Basawa Singh r/o Kathiali Tehsil and District Gurdaspur ordered by District Magistrate, Jammu vide his No. 33 of 1990 dated 24.11.1990. The order has been challenged on the following grounds. i) That the grounds of detention were furnished in a language which was not understood by the detenu.

(2.) DESPITE repeated opportunities for doing so, respondents failed to file counter. The court passed an elaborate order on 16.7.1991 whereby the last and final opportunity of four weeks was granted for filing counter subject to payment of Rs. five hundred as costs. This preemptory order directed this case to be listed for hearing in case counter could not be filed. Even then the counter was not filed and the case as a result of that situation was listed for hearing leaving the court with no alternative but to proceed ahead with the case without there being any stand from the Government. Normally the practice would be to take the averments made in the petition for granted and decide the case on the averments made in the petition, but I propose to deal with each grounds in the following manner: -

(3.) WITH regard to the plea, that grounds were not communicated within prescribed time, it is pertinent to mention that the admitted date of arrest of the detenu is 24.11.1990. Certificate/receipt from Deputy Supdt. Central Jail Jammu referred to above shows that the grounds have been handed over to the detenu on 13.12.1990, 18 days after his arrest. Section 13 of the Act envisages that the grounds shall be communicated to the detenu ordinarily within five days and in exceptional cases within ten days of the date of detention, but in the latter, case, the detaining authority is called upon to record his reasons in writing for non -supply of the grounds within five days.