HILAL RASHID WAGAY Vs. STATE OF J&K
LAWS(J&K)-2006-7-19
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 31,2006

Hilal Rashid Wagay Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.) HILAL Rashid Wagay questions his detention, ordered vide District Magistrate, Anantnags Order No. Det/PSA/05/95 dated 26.12.2005, urging that he has been deprived of his right to make representation against his detention because the material relied upon by the District Magistrate in directing his detention was not supplied to him nor was it so reflected in the grounds of detention.
(2.) IT is pleaded on behalf of the detenue by Sh. G. N. Shaheen, learned Advocate, that the detenue was already in jail at the time of his detention and this fact had not been considered by the detaining authority. Learned counsel submits that neither the detaining authority had any material before him nor has he recorded any such satisfaction that the detenue was likely to indulge in activities prejudicial to the security of the State, which omission according to the learned counsel, renders the detention order illegal. Learned counsel argues that the grounds of detention were stale, remote in time besides being ambiguous, on the basis whereof, no meaningful representation could have been made by the detenue.
(3.) ON the appearance of the respondents through their counsel, they were granted four weeks time to file counter affidavit in terms of order dated 09.05.2006. Two weeks further last and final opportunity was granted to the respondents to file counter affidavit and it was indicated to the respondents that in case the counter affidavit was not filed, the case would be taken up for final hearing by the Court on 04.07.2006. Respondents have opted not to file any counter affidavit despite that. They have, however, produced the detention records through the State counsel at the time of hearing of this petition. I have considered the submissions of learned counsel for the parties and perused the detention records produced by Sh. M. A. Wani, Dy. AG.;


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