MOHD MANSOOR WANI Vs. STATE OF J&K

JUDGEMENT

(1.) THIS petition calls in question detention order No. F -72/DM/PSA/DET/97/520 -26 dated 23.6.1997. This order has been passed in terms of Sec.8 of the J&K Public Safety Act, 1978, (hereinafter called the Act), by the District Magistrate Anantnag. Under this order, one Mansoor Ahmed S/o. Muhammad Akram Wani R/o. Khannabal, Naibasti, Anantnag, (hereafter referred to as the detenue), has been detained for a period of twelve months.

(2.) OBVIOUSLY the period of detention, if counted from the date of detention i.e. 23.6.1997, has expired. However, the counter filed in this case shows that the order of detention was executed on 20.11.1997, -on which date grounds of detention, alongwith other material, were supplied. I leave aside all other grounds taken by the detenue, and only confine myself to the fact as to whether or not delayed execution of the order can be taken to be sufficient compliance of the Act and particularly of sec. 13 of the Act.

(3.) IT is pertinent to place on record that the detenue has been under custody of the State prior to the passing of the impugned order. He had initially been apprehended on 9.11.1996. The impugned order of detention was passed on 23.6.1997 and it is claimed to have been executed on 20.11.1997, a period of about five months has intervened between the two fateful dates. It is also admitted by the State that grounds of detention were communicated to the detenue on 20.11.1997, when the order is claimed to have been executed. The Court would like to dialate upon the impact of such a delayed executionâ„¢ under sec. 13 of the Act. For this purpose the original text of sec.13 is reproduced as under: - "13 -G rounds of order of detention to be disclosed to persons affected by the order: - (1) When a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded in writing, not later than ten days from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making representation against the order to the Government. (2) Nothing in sub -section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose."