ABDUL GANI BHAT Vs. STATE OF J AND K

JUDGEMENT

(1.) This is a Habeas Corpus Petition filed by the petitioner, namely, Abdul Gani Bhat brother of the detenu under S.103 of the Constitution of Jammu and Kashmir against the order of detention by which the brother of the petitioner, namely, Ghulam Nabi Bhat alias Nabba Driver has been detained by order of respondent No.2, District Magistrate, Pulwama purported to have been issued under the provisions of the Jammu and Kashmir Public Safety Act, 1978. In para No.2 of the petition, the petitioner stated that the detenu was apprehended by police Pampore on May 21, 1984, and the petitioner's brother was detained in the Police Station, Kothi Bagh, Srinagar, for May 21, 1984 to June, 5, 1984, without any order of detention being served on him. Thereafter, he was shifted to Police Station, Pampore, where he was kept till June 11, 1984. It was on that day only that the detenu was served with the grounds of the detention annexed as Annexure 'A' with the present petition under the said Act at Sub-Jail, Hiranagar. It is pointed out by the learned counsel for the petitioner that during the pendency of this petition, the detenu is now transferred to Central Jail Srinagar. It is also submitted by the learned counsel for the petitioner that except the grounds, no order of detention passed by the District Magistrate under S.8 or S.13 of the above said Act is served on the detenu.

(2.) After service of the notice to the State and the District Magistrate, learned Chief Government Advocate appearing on behalf of the respondents was granted time to file the counter, but no counter is filed till now. He wanted further time to file the counter, but looking to the nature of the grievance made in the present petition and it being a Habeas Corpus Petition, no further time is granted to file the counter.

(3.) Heard counsel for the parties.