SHIV PAUL ALIAS PALOO Vs. STATE

JUDGEMENT

(1.) THROUGH the medium of this petition, the petitioner namely, Shiv Paul Shiarma alias Paloo has challenged Older No. 6/PSA dated March 23,1996 whereby his personal liberty has been curtailed for two years. The said order has been passed under the provisions of the J&K PSA of 1978 (herein after referred as Act). It has been contended that the order does not specify the period of detention and it was never served upon the petitioner. The order was based upon the allegations made in F.I.R. No. 44/95 (registered in the police station, Samba) which after investigation conducted by the police could not be substantiated and the petitioner was given the benefit of Section 169 of Cr.P.C. The other ground that the petitioner had worked as a trans -border courier of arms for Pak Intelligence outfit (ISI) has now become stale and could not be made the basis for passing the impugned order. Lastly, it is pleaded that the order was passed without any subjective satisfaction of the detaining authority.

(2.) HEARD the arguments.

(3.) THE contention that the impugned order did not contain the period for which he was to be detained is belied from the official record as the order contains a recital that he had been detained for two years. The other assertion of the learned counsel regarding the non -service of the detention order also does not survive as the order was served upon him on July 19,1996. Undoubtedly, he was taken into custody by the police in connection with registration of F.I.R. No. 44/95 for the commission of offence under Sections 4/5 of the ESA read with Section 307 RPC and later on released under Section 169 Cr.P.C., yet it cannot be said that this investigation can interfere with the vires of detention order in question as the passing of the order had no direct or casual connection with the police investigation/The detaining authority had to perform its functions independently under the provisions of the Act and not under other laws. The receipt dated 19.7.1996 executed by the detenue shows that copy of the grounds of detention were read over and explained in Urdu language which he had understood. He was also informed to make a representation to the Govt. Further, the record shows that on 13.9.1996, he was produced before the J&K Advisory Board where he was personally heard and order in question was confirmed.