MOHAMMAD RAMZAN DAR Vs. STATE

JUDGEMENT

(1.) ORDER :- By this petition, detention of one Mohammad Ramzan Dar son of Abdul Khaliq Dar R/O Reban, Sopore is being challenged.

(2.) Petition stands admitted to hearing on 7-10-1994 and in response to the notices, respondents appeared and were given number of opportunities for filing counter, but they miserably failed to file any counter-affidavit. Not only that, they even did not make any records available for the perusal of the court despite directions issued on 28-7-1995. So the presumptions and conclusions which are to be drawn for non-production of records and non-filing of counter-affidavit is that the respondent/State had miserably failed to establish and show that due course of law has been followed while depriving the detenue of his liberty. Though the detenue is said to be staunch, dedicated and active member of outlawed organisation of Hizbul Mujahideen even then records have not been made available before this court not to speak of filing any counter-affidavit to controvert the averments made in the petition and supported by an affidavit.

(3.) Mr. Mustaffa, appearing for the respondent/State submits that it was in fact on 31-7-1995 that he had asked the concerned agency to make the records available, by addressing a letter in the name of Additional Chief Secretary, Home Department but till date he did not get any reply and feed back information. So he is not in a position to produce any records. Be that as it may be, but the fact remains that the respondent/State has no cheeks to face the averments and the allegations made out in the petition. Had they been fair and honest, the averments made by the petitioner should have been met and rebutted so that this court would have scrutinised the detention order on the judicial side.