ALI MOHD LONE Vs. STATE

JUDGEMENT

(1.) BY way of this petition the detention order No. FSA/DMB/96/62 dated 11 -10 -1996 passed by District Magistrate Budgam has been put to challenge by the petitioner/detenue namely Ali Mohmmad Lone S/o Ag. Gaffar Lone R/o Sanatnagar Teh. and District Budgm.

(2.) PETITION was admitted. Notice was issued to respondents. Respondent/State appeared through Mr. Amin and since 11 -03 -1997 adjournment after adjournment seems to have been given to respondent/ State for filing the counter. And even till date no counter has been filed. However, today when case was listed for final arguments, Mr. Amin has produced some scanty records of District Magistrate Budgam. The Photostat copies show that person of the individual namely Ali Mohd Lone S/o Ab. Gaffa Lone R/o Sanatnagar District Budgam, has been detained in pursuance of above noted order. The order seems to have been drafted on 11 -08 -1996 and then it has been post -dated as 11 -10 -1996.

(3.) BE that as it may, but the fact remains, that the person of the individual/detenue is an uneducated/illiterate person, only third pry. pass but is reported as per ground of detention, that the detenue is an active, staunch and dedicated member of Al. jehad an outlawed organisation having its headquarters in POK/PAK. The aim and object of this organisation is to secede the State of J&K from Union of India and to annex it with Pakistan. But the way in which activities of the detenue have been spelled out in the grounds of detention, the same interest and zeal has not been shown by the respondents in filing their counter, or even show that due course of law has been followed while detaining the detenue.