MIR ABDULLAH Vs. STATE

JUDGEMENT

(1.) ORDER :- The detention of Mir Abdullah on 28-7-97 under orders of District Magistrate, Pulwama for a period of 24 months with a view to prevent him from acting in a manner prejudicial to the security of the State (Annexure A) is challenged on following grounds :-

(2.) That the detenu has not been furnished order of detention, copy of FIR or the dossier and thereby he has been prevented from making an effective representation to the Government. The detaining authority has not applied its mind to the case and proper subjective satisfaction as envisages by the provisions of Public Safety Act has not been drawn. The detenu though, facing trial in regular case FIR No. 105/97 has been still held without any explanation in preventive custody. The petitioner's case has not been referred to the Advisory Board and the order of detention has not been confirmed within time.

(3.) Respondents through one Dr. A.B. Sofi under Secretary to the Home Deptt. has filed counter. The detention of Mir Abdullah on 28-7-97 under orders of District Magistrate, Pulwama for a period of 24 months, after he was taken in custody in FIR 145/97 are admitted by the respondents. It is asserted that the grounds of detention and order of detention were served upon the detenu on 11th of August, 1997 and the contents thereof were read over and explained to him in english/urdu which he fully understands. He was also informed of his right to make a representation to the Govt. against the order of detention. The privileged documents were not provided to the detenu. The details of FIR have been given in the grounds of detention. The detaining authority applied its mind to all facts and circumstances of the case and drew subjective satisfaction after considering the arrest of detenu, recovery of arms, the petitioner's indulgence in activities subversive of and prejudicial to the security of the State. The detaining authority has drawn subjective satisfaction. There has been no inordinate delay in execution of warrant after passing of the detention order dt. 28-7-1997. The detenu has been taken in preventive custody on 11-8-97. The case was referred to advisory board within time on 21-8-97 and the advisory board after according personal hearing to the detenu and on consideration of the matter opined in favour of continued detention and on receipt of the report the Govt. considered the matter and confirmed detention order on 17-8-97.