- (1.) Learned counsel for the parties are finally heard on the merits of the case.
(2.) The present writ petition has been filed by the detenu Nazir Ahmed Gujar from prison against the order of detention dated 6.11.2003. The order of detention reads thus: "Whereas, Nazir Gujar, s/o Ajmad Din Gujar, R/o Handli Pora, Siyalkot, Pakistan is not an Indian national and the Government is satisfied that the said Shri Mohd. Nazir Gujar is a foreigner within the meaning of Foreigners Act; and whereas, the Government is satisfied that with a view to regulating his continued presence in the State, it is necessary so to do. Now, therefore, in exercise of powers conferred by Sec. 8(i)(b)(i) of the Jammu and Kashmir Public Safety Act, 1978 the Government hereby direct that the said, Nazir Gujar, s/o Ajmad Din Gujar, R/o Handli Pora, Siyalkot, Pakistan be detained for a period of 24 months with effect from 14.11.2003 and lodged in Central Jail, Tihar."
(3.) During the pendency of the petition, after service of notice on the State of Jammu and Kashmir, this Court passed an order on 4.03.2005, directing the State to furnish necessary record to substantiate that the order of detention and the grounds of detention were served on the detenu and he was afforded an opportunity of making representation.;