MOHD AMIN WANI Vs. STATE
LAWS(J&K)-2006-5-30
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 09,2006

Mohd Amin Wani Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) IMPUGNED in this writ petition with a prayer for quashment thereof is the detention order No. DMP/PSA/132/04 dated 29.03.2004, purporting to have been passed by District Magistrate, Pulwama, against petitioner namely Mohammad Amin Wani, on various grounds mentioned in the memo of detention appended with the detention order, copy whereof has been furnished to him.
(2.) DURING the course of submission, petitioners counsel stated that the order has not been executed till date even after lapse of more than 26 months, while the period of detention which the petitioner had to undergo in terms of aforesaid detention order was only 24 months. On the face of it, therefore, grounds of detention appended with the memo of petition, became stale by now and the detention order must have lost its significance.
(3.) RESPONDENTS counsel in his reply resisted the contention of petitioners counsel by stating that the order of detention could not be executed because of the fact that the petitioner was absconding. Meanwhile period of detention by now has expired, as such it has lost its significance. Accordingly the petition is allowed and detention order No.DMP/PSA/132/04 dated 29.03.2004, purporting to have been passed by District Magistrate, Pulwama against Mohammad Amin Wani S/o Gh. Rasool Wani R/o Kursu Rajbagh, Srinagar, is quashed.;


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