JAVID AHMED BASMATI Vs. STATE

JUDGEMENT

(1.) ORDER :- Till date no counter has been filed despite the fact that respondents were given last and final opportunity way back on 7-10-1995 with the direction that the matter shall be listed for final disposal in the first week of November, 1995. However, court has been gracious in granting further time of three weeks' time on 17-10-1995 and that time has also expired, but till date there is no counter on the file.

(2.) Petitioner has filed the two petitions for quashing of the order of detention. Both the petitions have been clubbed together i.e. HC Petition No. : 1221 of 1994 and HC Petition No. : 310 of 1995. Contempt petition No. 5 of 1995 is also on the records, which has become infructuous.

(3.) My attention has been drawn to the fact that the detenu was initially detained vide order No. PSA/DMS/182/94 dated 3-6-1994. That order was challenged by way of habeas corps petition No. 760 of 1994 and as per annexure on the file, the said detention order seems to have been quashed by this court vide order dated 20-12-1994. Subsequently detenu has been again detained under the provisions of the Public Safety Act by virtue of order No. 1/PSA/95 dated 4-4-1995 passed by Divisional Commissioner, Kashmir. This order has again been put to challange by virtue of petition No. 310 of 1995.