GH MOHD MIR Vs. STATE

JUDGEMENT

(1.) SUBJECT Mohammad Qasim Mir stands detained in terms of detention Order bearing No. DMB/PSA/12 of 2001 dated 29.9.2001 passed by respondent No.2, District Magistrate, Budgam for a period of 24 months. By the medium of this petition, the said detention order has been challenged on the grounds taken in the memo of petition which are summarized as under; -

(2.) That the detention order stands passed on 29.9.2001, but executed on 31.07.2004, thus delay has crept in. The delay in execution of the detention order has rendered its purpose irrelevant. The copies of detention order and grounds of detention were not provided to the detenue. The translated copies in the language of detenue were not provided to the detenue in order to enable the detenue to make an effective representation. The detenue was in custody at the time of passing of the detention order. The detention order suffers from non -application of mind.

(3.) THE respondents have resisted the petition in terms of the reply affidavit on the grounds which can be summarized as under: -