MOHINDER SINGH Vs. STATE OF J AND K

JUDGEMENT

(1.) Petitioner, who is a constable in the Indian Tibetian Border Force was arrested in F.I.R. No. 27 of 1992 for various offences including an offence under Section 3/4 T ADA (P) Act by Police Station Munshi Bagh, Srinagar. Subsequently, he was detained under order No. PSA/DMS110/92 dt. 4.9.1992 and this warrant was executed upon the petitioner on 12.10.1992. He challenged his detention on various grounds enumerated in the petition and the main ground on which the petition has been challenged by the petitioner was that he had been arrested by the Police on 18.3.1992 and remained in custody till 12.10.1992. The grounds of detention were served upon him for the first time in the District Jail Kathua. The grounds of detention were never explained as to what the grounds were and what the order of detention meant. He does not understand English language for he has done his matriculation examination in Punjabi and, therefore, hardly could understand the order of detention.

(2.) Besides stating other grounds in the petition, the learned counsel appearing for the petitioner, addressed arguments on the ground that the order of detention was not served upon the petitioner within ten days from the date of its issuance within the dictates of Section 13 of the Public Safety Act.

(3.) After the rule nisi was issued, the respondents filed their counter and the matter was processed for hearing heard learned counsel for the parties; also had a thoughtful consideration over the record on the file.