ASSADULLAH SOFI Vs. STATE OF J&K

JUDGEMENT

(1.) BY this petition, detention of one Ghulam Qadir Sofi son of Mohammad Sultan Sofi R/o Saloora, Ganderbal is being challenged by the petitioner, brother of the detenuee. It is averred that the detenuee is a Government employee working in the police Department as Constable No: 210/S of JKAP and is alleged that on 28.4.1993, he was arrested in Police Control Room by army personnel and in identification parade, he was found one of the supporters of the Police movement and is alleged that subsequently, he was detained under the provisions of Public Safety Act,

(2.) IT is submitted in the petition that an undated copy of grounds of detention was served to the detenuee. The detention order seems to have been passed by District Magistrate, Srinagar and no order of detention was served on the detenuee.

(3.) THE detention of the detenuee has been challenged and the petition stands admitted to hearing on 16.8.1993. Notice of the petition was given to the respondent/State. Mr. Kotwal had appeared on 17.9.1993 before one of the benches of this court and he was given three weeks time for filing counter. Again the case had come up before Honble Mr. Justice M.L. Koul on 3.12.1993 and on the date also, no counter was filed. Two weeks further time was given to Mr. Kotwal with the permission that in case, respondents fail to file counter, the right to file the same shall stand closed and the case was ordered to be listed for hearing. The case has come up for hearing on 4.3,1994. However, at the time of hearing, no records were made available.