GH MOHD DAR Vs. STATE

JUDGEMENT

(1.) THE petitioner, namely Mohmmad Kamal Dar is the brother of the detenue Ghulam Mohd Dar son of Wali Mohd. Dar resident of Shalimar -Nishat Srinagar. Through the medium of this petition, the petitioner has challenged the detention of the above said detenue. The District Magistrate, Srinagar vide his order No. DMS / PSA / 321 /95 dated 13 -9 -1995 detained the said detenue for a period of 18 months under the provisions of the J&K Public Safety Act of 1978 (hereinafter to be referred as Act). It is pleaded that on 6 -6 -1995, when the detenu was performing his official duties in the Mechanical Division Model Development Project he was arrested for the commission of offences arisen under FIR No. 3/95 of P/S CIK, Srinagar and later on he was detained by virtue of order dated 19 -9 -1995 stated above. This detention has been challenged inter -alia on the following grounds:

(2.) THE detenue was not served with any detention order; no material was provided to him for making a representation to the Government against his detention. He was never informed that he could make a representation of his arrest to the Government and his detention was not approved within the stipulated period. The detenue was not produced before the Advisory Board constituted under the said Act. The Advisory Board also failed in performing its statutory duty when it did not give its opinion within the stipulated period. The grounds of detention are vague and not in Kashmiri language -the language understood by the detenu.

(3.) THE respondents failed to file the counter within the stipulated period but the same has been placed on the record. Mr. Nagroo, the learned counsel for the petitioner had raised the objection that the contents of the counter could not be looked into but during the course of the arguments he conceded that the contents can be referred and relied.