MOHD MAQBOOL DAR Vs. STATE OF J&K

JUDGEMENT

(1.) BY this petition, detention of one Mohammad Maqbool Dar S/O Abdul Rahman Dar R/o Renge, Sopore is being challenged by his father Abdul Rahman Dar. The detenue is alleged to be a Pak trained militant belonging to outlawed organization of Hizbul Mujahdeen and has been detained under order No; 1283 of 1992 dated 10 -10 -1992 passed by Additional Secretary to Government, Home Department.

(2.) THE petition has been admitted to hearing on 22 -1 -1993. Respondent/State was served, and in response they appeared and filed the counter affidavit, which is on the file. The petition has come up today .for hearing and perusal.

(3.) THE petitioner has taken almost all the grounds in the petition of Habeas Corpus and has challenged the order of detention on the count that the detenue being an illiterate person has not been served with the order of detention nor the grounds of detention by the Jail authorities, but only provided him photostat copy of the order of detention/grounds of detention and the same was not read -over and explained to him. No copy of FIR or the police dossier has been furnished to the detenue which has been made basis by the detaining authority while passing the detention order. The other alleged incriminating material has also not been made available which was subject matter of subjective satisfaction of the detaining authority before making the order of detention. It has also been submitted by the petitioner that the inordinate delay in passing the order of detention and serving the same to the detenue has also not been explained by the detaining authority, that too when the person of the detenue was already with the respondents for more than about eleven months prior to his being taken into preventive detention. The grounds of detention are undated and leaving an ambiguity to the extent as to whether same have been framed before framing the order of detention or afterwards and so on.