BALBIR SINGH Vs. STATE

JUDGEMENT

(1.) THOUGH the medium of this Habeas Corpus Petition under Article 226 of the Constitution of India read with section 103 of the constitution of the Jammu and Kashmir, petitioner Balbir Singh through his brother Amarjit Singh has sought indulgence of this court for quashing the Detention Order No. 10 PSA dated 7.11.2002 issued by the District Magistrate, Jammu whereby the petitioner came to be detrained under section 8 of the J&K Public Safety Act, 1978 for a period of one year.

(2.) THE Detention order is inter alia assailed on the grounds that the detenue was never served with the order of detention nor the order impugned has been approved by the Government within the stipulated period; that the order of detention has not been confirmed by the government in terms of section 13 of the Jammu and Kashmir Public Safety Act; That the grounds of detention served upon the detenue are in the language, which the detenue does not understand; that the grounds of detention have not been explained to the detenue, that the order of detention which has been issued on 7.11.2002, when on this date the detenue was already in the custody of the police; that the Detaining Authority has not disclosed any material which prompted the Detaining Authority to pass the order of detention, despite the fact that the detenue was already in custody and the ground of detention are replica of dossier supplied by the police and the Detaining Authority, Respondent 2.

(3.) ON presentation of the petition, it came to be admitted on 6.2.2003 and the Registry was directed to list this case on 5.3.2003. On this date Mr. S.C. Gupta, AAG caused appearance on behalf of the respondents and was directed to file counter affidavit of the respondents and direction came to be issued to the Registry to list the case on 24.3.2003. On 24.3.2003, the case came to be adjourned with the direction to list the case on 26.3.2003. On this date, at the request of Mr. B.S. Salathia, AAG, two weeks time for filing reply affidavit was granted. On 1.5.2003, file came to be listed with the report that the counter affidavit has not been filed, as a result of which the petition came to be taken up for final hearing.