- (1.)MOHD . Saleem Wani has filed this petition seeking quashing of District Magistrate Jammuâ„¢s Order No. 15/PSA of 2005 dated 27.12.2005 directing his detention under Section 8 of the Jammu and Kashmir Public Safety Act.
(2.)ALTHOUGH number of grounds have been urged by the petitioner in his petition, hinting at the unsustainablity of the detention order, yet Mr. A.A. Hamal, learned counsel for the petitioner, has concentrated only on a short submission. He says that the detention order has been rendered invalid because of its having been executed after about nine months of its issuance by the District Magistrate. Learned counsel relies on K.P.M. Basheer versus State of Karnataka and anr., reported as (1992) 2 SCC, 295 and SMF Sultan Ab. Kader v. Jt. Secy., to Govt. of India and Ors., reported as (1998) 8 SCC, 343, to support his submission.
(3.)LEARNED State Counsel, Mr. B.S. Salathia, submitted that there being no provision in the Public Safety Act prescribing time for execution of a detention order, delay in execution of order would not effect its validity. Learned counsel has produced the detention records to justify petitionerâ„¢s detention on the grounds appearing in the grounds of detention.
I have considered the submissions of learned counsel for the parties and perused the records, which have been made available by the Learned State Counsel.