NOOR MOHD Vs. STATE OF J&K

JUDGEMENT

(1.) NOOR Mohd., petitioner has filed this Habeas Corpus Petition to seek quashing of detention order No.PSA -2006/6 dated 14 -09 -06 of District Magistrate, Udhampur saying that there was no material with the District Magistrate on the basis whereof, the petitioner could be validly detained under section 8 of J&K Public Safety Act, 1978. Omission of the District Magistrate to reflect the material on the basis whereof he had recorded his satisfaction to exercise power under section 8 of J&K Public Safety Act too has been urged as a ground by the petitioner to say that this omission had deprived him of his constitutional right to make an effective representation against his detention.

(2.) RESPONDENTS though afforded opportunity to file their reply to this petition, have opted not to file any counter affidavit. They have, however, produced the detention records through Sh. B.S.Salathia Additional Advocate General, their counsel.

(3.) I have considered the submissions of learned counsel for the parties and perused the detention records.