MOHD HUSSAIN WANI Vs. STATE OF J&K

JUDGEMENT

(1.) DETENUE , Mohammad Hussain Wani son of Late Wali Mohammad Wani R/o Village Hushenpora, Shopian Pulwama through his brother seeks to quash his detention order No. 93/DMP/ PS A/ 2003 dated 01.10.2003 passed by respondent No.2 in exercise of his power under section 8 of the J&K Public Safety Act, 1978 (hereinafter to be referred to as "the Act") directing preventive detention of the detenue.

(2.) THE detention order has been challenged on various grounds including that the respondents have not informed the detenue to make representation to the Government against the detention order as mandated by section 13 of the Act.

(3.) RESPONDENT in their reply affidavit have stated that the impugned detention order has been approved within the statutory period under section 8(4) of the Act and the detention order was executed on October 6,2003. Detention order does not suffer from any illegality.