SANJAY KUMAR Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The detenue Sanjay Kumar has filed this Habeas Corpus Writ Petition through his brother Jyoti Prakash, for his release from the detention and also commanding the respondents to pay compensation to him for his illegal detention.

(2.) After this petition was filed, notices were given to other side, but even after service the respondents chose to remain absent and vide order passed on 1.12.1993, they were placed ex - parte and case was ordered to be listed for hearing.

(3.) In nutshell it is averred in the petition, that the detenue was arrested by Police Station City Jammu on 24.9.1993 and on 6.10.1993 the grounds of detention were supplied to the detenue. According to the detenue, his detention is illegal and contrary to the provisions of the Public Safety Act, for the fact that the grounds of detention were served upon him beyond the period of five days, and, therefore, these are contrary to the provisions of the Public Safety Act. The approval as per Section 8 (4) of the Public Safety Act was not obtained from the Govt., as - such the detention has become illegal. The grounds of detention do not disclose any breach of public order or at the most an inference against breach of law and order. Therefore, the detenue at the sweet - will of the authorities cannot be kept in detention under the Public Safety Act. That no document, whatsoever, including the F.I.Rs. and Roznamcha report referred to in the grounds of detention, have been supplied to the detenue, with the result that his detention is illegal and against the provisions of the law and the Constitution.