AB HAMID HAJAM Vs. STATE OF J&K

JUDGEMENT

(1.) ABDUL Hamid Hajani has challenged his detention ordered for a period of twenty four months by District Magistrate, Pulwama, vide his order No. 38/DMP of 1997, dated 03 -04 -1997.

(2.) THE facts and circumstances relevant and necessary for our present purpose are that the petitioner was arrested on 14 -09 -1996 in FIR No. 288 of 1996 under Section 3/25 I A. Act, registered at Police Station, Shopian. He was bailed out by the District and Sessions Judge, Pulwama on 18 -02 -97. Petitioner was released from Central Jail, Srinagar in the case on 19 -2 -1997. Soon after the accused came out of the jail, the concerned Police wanted to re -arrest him and he was given to understand that his detention has been ordered under Public Safety Act by the District Magistrate, Pulwama on 03 -04 -1997, vide above referred order of detention. Petitioner managed to get a copy of the detention order, placed on record, as Annexure P3. This order is challenged on available factual and legal grounds covered by Article 21 and 22 of the Constitution of India and the provisions of Jammu and Kashmir Public Safety Act, 1978

(3.) THE challenge to the legality of the detention order is in main based on non -application of mind on the part of detaining authority, failure to serve the order of detention and grounds of detention and deprivation of opportunity of making representation against the detention to the Government.