MOHD AKBAR SHEIKH Vs. STATE OF J&K

JUDGEMENT

(1.) THIS order will dispose of the above titled LPSs arising out of orders passed by learned Single Judge (Honble Mr. Justice R.P. Sethi) dated 28 -8 -87 dismissing writ petitions in the nature of Habeas Corpus filed by the appellants against the detention orders passed by the respondent under Public Safely Act, 1978 as bar to challenge detention under public Safely Act, 1978 while in the remaining petitions dismissed, same principle of law has been adopted for disposal.

(2.) THE facts which gave rise to these appeals are that the appellants in separate Habeas Corpus petions mentioned in the orders impugned challenged the detention orders of the detenues, passed in different ground on different dates. The petitions came up for heating before the eared single Judge, who by his order dated. 28 -8 -87 and 3 -9 -87 impugned in these appeals, dismissed the petitions apparenty holding that section 10 -A of the Act of 1978 (Public Safety Act, 1978), is bar to challenge the detention order under the said Act. The appeals indicated came up for hearing before us firstly on 26 -10 -87 when Mr. Altaf. Advocate General, at the very outset conceded the point raised by the appellants that S. 10 -A of the Public Safety Act, 1978 (hereafter to be referred to as the Act of 1978), is no bar to challenge the detention under the said Act. However, learned counsel for the appellants wanted to argue the matter on other points resulting adjournment in the appeal.

(3.) WE have heard learned counsel for the parties. The argument of learned counsel for the appellants regarding the merits of the grounds of detention that the learned single Judge besides holding on sec. 10 -A of the Act of 1978, has disposed the petitions after considering the facts also.