GH MOHI-UD-DIN PAUL Vs. STATE

JUDGEMENT

(1.) BY medium of this petition for a writ pf Habeas Corpus, the detention of Abdul Gani Paul, U/s 8 of the J&K. Public Safety Act, hereinafter referred to as Act, under the orders of the District Magistrate Budgam, has been challenged, inter alia, on the following grounds : -

(2.) THE respondents have not filed any counter affidavit despite enough opportunity granted to them, with the result the allegations made in the petition on an affidavit have remained unrebutted. However, Mr. Jalali, has produced the record pertaining to the detention of the detenue.

(3.) FROM the perusal of record it transpires that the datenue has been detained under the Act on 20.4.1991. The Govt. has confined the detention order on 1.5.1991. The grounds of detention have been furnished to the detenue on 24.7.1991. This means, the grounds have been supplied to him after 34 days of his detertion under the Act on 20.4.1991. Under the Act the maximum period for furnishing of the grounds of detention is 12 days, only. That being so, the detention is vitiated, being violative of the Act. This ground is in itself sufficient to invalidate the order of detention as it knocks out its very bottom.