AB RASHID RESHI Vs. STATE OF J&K

JUDGEMENT

(1.) ABDUL Rashid Reshi questions his detention, ordered vide District Magistrate Baramullas Order No. 106 of 2001 dated 26.09.2001 on the following grounds: -

(2.) SH . G. N. Shaheen, learned counsel for the petitioner, submits that the order impugned in the writ petition exhibits non -application of mind by the District Magistrate, Baramulla, in directing the detention of the petitioner, which according to the learned counsel, was based on grounds and facts which run contrary to the judicial records. Sh. Shaheen submits that the petitioner had been shown to be under arrest in case F.I.R. No.65/2001 registered under Section 7/25 Arms Act at Police Station, Tangmarg, whereas the fact of the matter, as certified by the judicial records, was that the petitioner was moving as a free man pursuant to his release on bail by learned Sessions Judge, Baramulla, and had been attending trial in the cases pending before the learned Sessions Judge, Learned counsel relics on certified copies of various orders passed by learned Sessions Judge, Baramulla, which form annexures P -l to P -22 to the petition.

(3.) ACCORDING to Sh. G. N. Shaheen, the petitioner was detained for a period of six months in terms of the impugned detention order. This order has lost its legal validity and cannot be executed after a period of about five years from the date of its issuance. Learned counsel submits that petitioner had been continuously attending his trial before learned Sessions Judge, Baramulla, and during this period of trial, no subversive or other activities prejudicial to the security of the State had been attributed to him by the respondents, who had opted not to detain the petitioner. According to learned counsel, the petitioner cannot be detained at this stage in execution of order issued in 2001.