HILAL RASHID WAGAY Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
Hilal Rashid Wagay
STATE OF JANDK
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(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.
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