BILAL AHMAD MIR Vs. STATE OF J&K

JUDGEMENT

(1.) BILAL Ahmad Mir son of the detenue, namely, Naba Mir S/O Qadir Mir R/O Reshnagri, Tehsil Shopian District Pulwama, has invoked the jurisdiction of this Court for quashing the detention order bearing No.06/DMP/PSA/05 of 2005 dated 15th April, 2005 passed by District Magistrate, Pulwama, whereby and whereunder the detenue came to be detained in detention on the grounds taken in the writ petition. Respondents have filed reply.

(2.) HEARD . Perused. Considered. While going through the records, it appears that detention order came to be passed on 15th April, 2005 and executed on 19th October, 2006. Thus, on the face of it, delay has crept in execution of the detention order. It is not the case of the respondents that detenue was evading arrest. Neither the respondents have tendered any explanation in counter. Learned counsel for respondents frankly conceded that delay has crept in execution of the detention order.

(3.) RESPONDENTS have failed to establish that there was live and proximate link between the detention order and its purpose. Under these circumstances, the purpose of detention is snapped on account of delay in securing the detenue and detaining him. Apex Court in case titled K.P.M. Basheer v. State of Karnataka, reported in AIR 1992 SC 1353 has observed as under: