JAGJEET SINGH (DUKHIA) Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER has been detained under Order No; 28 of 1986 dated June 3, 1986 passed by District Magistrate, Jammu -Respondent No; 2 under section 8 of the Jammu and Kashmir Public Safety Act 1978 (for short hereinafter called the Act).

(2.) IT is stated that the petitioner was arrested on 1st day of May, 1986 from his residence at Poonch and later on detained under the Act on 3rd of June, 1986 on the grounds of detention supplied to him & was directed to be detained on the grounds for a period of 12 months from the date of detention It is further stated that despite the expiry of the said period of 12 months, the petitioner is locked up in Central Jail, Jammu resulting in filing of this Habeas Corpus (writ) petition on January 4, 1980. It is also stated that the petitioner made two representations to the Chief Minister through the Superintendent, Central Jail Jammu respectively on September 6, 1987 and November 15,1987. The Superintendent Central Jail forwarded the first representation vide Jail No. 2786 dated September 15, 1987 and the other one vide Jail No. 3875 dated December 19, 1987. The copies of which are attached with the writ petition as Annexures P -2 & P -3. An allegation is made in the petition that those representations have not been decided so far, the detention of the petitioner is thus liable to be quashed,

(3.) AFTER notice to the respondents on the admission of the writ petition, no counter affidavit has been filed, however, the writ petition was contested orally and learned counsel for the respondents produced the record for the perusal of the court. Arguments were heard. Record perused.