MUSHTAQ AHMAD KOTWAL Vs. STATE OF J&K

JUDGEMENT

(1.) ON 13 -6 -1984 while setting aside the detention of the detenue under the J&K Public Safety Act, I could not give reasons for my order because of paucity of time. Now I proceed to give reasons in support of my said order.

(2.) DETENUE Javed Ahmad Kotwal was detained under the J&K Public Safety Act of 1978, herein after to be called the Act. His detention was ordered on the grounds which are enclosed with the petition as Annexure 1. However the detention order was not placed on the record and the learned Chief Govt. Advocate was also unable to produce the same before me. The grounds on which the detention of the detenue has been ordered on which the detention of the detenue has been ordered are 14 in number which are reproduced herein below:

(3.) DETENUE Javed Ahmad detained under the J&K public safety Act of 1978, has challenged the detention among others, on the grounds of vagueness, irrelevancy and having no proximity with the object sought to be achieved. Challenge is made on the ground of time -lag between the prejudicial activities of the detenue and the detention order made which ex -facie is long and because the detaining authority has not explained the delay in making the detention order.