HILAL AHMED LONE Vs. STATE

JUDGEMENT

(1.) Subject Hilal Ahmed Lone is detained U/s 8 of J&K P.S.Act, 1978 by District Magistrate, Pulwama (respondent no.2) under his order No. DMP/PSA/79 of 2003 dated 21.7.2003 to prevent him from acting in any manner prejudicial to the security of the State. The order and the detention is under challenge in this petition.

(2.) Though number of grounds have been taken in petition to question legality of the detention but Ld. Counsel has confined arguments to following two grounds:- First that the record, material and documents referred in the order and the grounds of detention have not been supplied to the detenu and thereby disabling him to make an effective and meaningful representation to the Government; Second that the detenu though with the respondents and its police agencies in punitive detention, has not been taken in preventive detention for long 28 days after the impugned order was passed on 21.7.2003.This delayed execution of the order of detention on 21.8.2003 is fatal to detention, in as much as, `proximate and live link' between the order of detention and the purpose of detention has ceased.

(3.) Ld. Counsel for the respondents submits that though the detaining authority has referred to records like dossier and documents but the detenu has been supplied grounds with the order. He has been explained the detention order as well as grounds, therefore, is not prejudiced to make representation. Counsel concedes that there is delay of 28 days in executing the order of detention though neither from the detention file nor record any explanation is forthcoming for this delayed execution. The counsel still submits that the delay should not affect the detention on merits. Impugned detention order No. DMP/PSA/79 of 2003 dated 21.7.2003 reads as under: Whereas Superintendent of Police Pulwama vide his No. CS/PS-03/26 dated 15/7/2003 has produced material record such as dossier and other connecting documents in respect of Hilal Ahmad Lone S/o Ab. Hamid Lone R/o Village Rawalpora Tehsil Shopian District Pulwama who has been reportedly arrested in case FIR No. 153/03 U/s 307 RPC,7/27 I.A. Act registered in Police Station, Shopian.