(1.) THE brother of detenue of his counsel M/s Z.A. Lone and Mehraj Azim, have preferred two Habeas Corpus petitions Corpus petitions challenging the detention order No.DMS/PSA/45/97 dt:9.6.1997 of District Magistrate Srinagar providing for preventive detention of one Khurshid Ahmad Sheikh, for a period of 15 months. As in both petitions common question of law and fact is involved, these are taken together and infact both form part of one and the same matter viz detention of said Khurshid Ahmad Sheikh. The order of detention is challenged on the following grounds: -
(2.) THAT the detenue has not been served with the grounds of detention, order of detention and the material referred to in the grounds of detention. The detenue has not been informed of his right to make representation against the order to the Government. Instead his brother has been asked to make representation against the order. The detenue has not been supplied grounds of detention in the language which he understood namely Urdu or kashmiri. The grounds of detention are vague, indefinite, unreal and ambiguous. The case suffers from non -application of mind. The case has not been referred to the Advisory Board and the Board has not tendered its opinion thereto. The order of detention has not been confirmed by the Government within statutory time period.
(3.) RESPONDENT No.2 District Magistrate Srinagar has filed counter affidavit and counsel for the State Mr. R.A. Khan, has tendered statement that this counter be read as reply on all counts pleaded in the petition to challenge the order of detention.