AB RASHID KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) DETENU namely Abdul Rashid Khan Son of Jamal Ali Khan R/o Nowpora Salamabaduri through his father seeks to quash detention Order No. 58/2002 dated 10.8.2002 passed by District Magistrate, Baramulla in exercise of his powers under section 8 of the J&K Public Safety Act, 1978 (For short "the Act") directing preventive detention of the detenu for a period of 12 months which the respondent -State at the time of confirmation of the detention order has confirmed the detention for a period of 24 months in terms of section 17 of the Act.

(2.) THE detenu has challenged the detention order on various grounds including that there is a delayed execution of the detention order while the detenu was in custody of the respondents since 15.7.2002 in FIR No.26/2002. The averments of the petition and the grounds set out therein have been replied by the respondents except the ground with regard to the delayed execution of the detention order.

(3.) HEARD learned counsel fro the parties and perused the record.