ALTAF HUSSAIN MIR Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER detenu, Altaf Hussain Mir S/o Abdul Rahim Mir through his wife seeks to quash Detention Order No. DMB/PSA/12 of 2002 dated 17.7.2003, passed by the District Magistrate, Budgam in exercise of the powers under Section 8 of the Jammu and Kashmir Public Safety Act 1978 (hereinafter referred to as "the Act") directing preventive detention of the detenu. The Detention Order has been challenged on various grounds including that the Detaining Authority has not applied its mind on the full facts of the case to form an opinion directing preventive detention. Another grounds is that the detenue has filed the representation on 05 -08 -2004 to the Home Department of the Government and this representation has not been sent by the Government to the Advisory Board constituted under section 14 of the Act or consideration, which amounts to depriving the detneu of his statutory right of consideration of representation by the Advisory Board, who has to form opinion for continued detention of the detenu.

(2.) THE respondents have filed the reply controverting the other averments but the aforesaid but the aforesaid two grounds have not been rebutted.

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