NAZIR AHMAD BABA Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER seeks to quash the detention order No. 87 of 2001 dated 23.7.2001, passed by District Magistrate Baramulla, directing preventive detention of the detenue Nazir Ahmad Baba S/o Mohmmad Akbar Baba R/o Ahama Sharief Bandipora Kashmir, in exercise of powers under Section 8 of J&K Public Safety Act 1978 (hereinafter called the Act.) Government/Respondents in exercise of powers u/s 17 of the Act, has confirmed detention of the detenu for the period of 24 months.

(2.) THE detention order has been challenged on various grounds including that the detention order has been executed after a period of 67 days, which has not been explained.

(3.) RESPONDENTS have filed counter affidavit stating therein that the detention order was executed on 01.10.2001. Grounds of detention have been explained to the detenue in the language he understood. The detenue has also been informed to make a representation to the Govt. against the detention order. Detention order was approved by the Govt. on 02.08.2001. The case of the detenue was referred to the Advisory Board on 12.10.2001 and the Advisory Board has opined continuous detention of the detenue vide its report dated 24.11.2001. The detention of the detenue has been confirmed for a period of 24 months vide Govt. order No. Home/PB -V/2126of2001 Dated 25.11.2001.