GH QADIR LOHAR Vs. STATE

JUDGEMENT

(1.) PETITIONER detenu Gh. Qadir Lohar S/o Mahawali Lohar R/o Dardpora Lolaab seeks to quash Detention Order No. 51 of 2001 dated 18.2.2002, passed by the District Magistrate, Kupwara in exercise of powers under Section 8 of the Jammu and Kashmir Public Safety Act 1978 (hereinafter to be referred to as "the Act") for preventive detention of the detenu for a period of 24 months, which subsequently has been confirmed by the respondent Government.

(2.) THE detention order has been challenged on various grounds including that the grounds of detention has not been explained to the detenu in Kashmiri language, which language only he understands The detention, order has been executed after a period of four months five days despite the detenu was in their custody.

(3.) RESPONDENTS have not filed the Counter Affidavit, despite granting opportunities. The record of the detention maintained by the respondents has been made available by the learned counsel for the respondents for perusal of the court.