FEROZ AHMAD SHAH Vs. STATE

JUDGEMENT

(1.) ORDER :- By this petition, detention of one Aijaz Ahmad Shah S/o Late Ghulam Mohammad Shah R/o Tengapora, Batamaloo, Srinagar is being challenged by his brother Feroz Ahmad Shah.

(2.) Petition stands admitted to hearing way back on 29-4-1994. Respondents were served and in response to the notices, they appeared through Mr. Rafiq Bazaz, but miserably failed to file any counter affidavit. A time bound direction seems to have been passed on 11-7-1994 by the then Chief Justice Hon'ble Mr. Sagir Ahmad, whereunder three weeks time was given to the respondents for tiling counter affidavit, failing which, respondents should produce the original record of the case, so that the petition could be disposed of finally on that date and the case was directed to be listed on 1-8-1994. It seems that the case has come up today for hearing and till date neither counter has been filed nor the records have been made available. So the request made by Mr. Rafiq Bazaz for production of records is turned down, because orders were specific and definite and a time schedule was fixed by the court for production of the records and filing of the counter.

(3.) It is averred in the petition that the detenu was arrested by the security forces during crack down operations at Tengapora, Batamaloo on 7-11-1992 and was booked in FIR No. 20/1992. The detenu was subsequently detained under the provisions of the J and K Public Safety Act vide order No. PSA/MOS/47/93 dated 15-4-1993 passed by District Magistrate, Srinagar. It is further averred that the order of detention was passed after six months of his arrest and right from the date of his arrest till his detention under the provisions of the J and K Public Safety Act, he was not produced before any Magistrate for seeking remand.