MUKHTAR AHMAD LONE Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) ORDER :- This petition under Section 491, Cr. P.C. has been filed by one Mukhtar Ahmad Lone in which it has specifically been pleaded and averred that some person mentioned in the appendix to letter No. DMB/PSA/Conf/94 dated 23-8-1994 from District Magistrate, Baramulla addressed to Additional Chief Secretary, Home, J and K Government, Srinagar were being illegally detained and that their detention being without any authority of law, was not only required to be quashed and set-aside but, these persons deserved to be released from custody/detention forthwith. Copy of this communication has been filed with the petition. Specific averments have been made in the petition that the detention of these persons was absolutely illegal and unconstitutional and that it was the responsibility of the State to release them forthwith. In answer to these specific allegations, the respondents through Shri A. M. Bhat, learned Government Advocate has filed half-page objections, the relevant extract whereof is reproduced as under :-

(2.) Two things emerge from the perusal of Shri Bhat's objections; firstly, that these appear to have been filed without even going through the petition at all. A casual and cursory glance of the petition would have indicated even to a lay-man that the petition did not relate to the detention of any Mukhtar Ahmad Lone, but it related to some persons mentioned in the appendix to the aforesaid letter of the District Magistrate; and secondly, objections show that the so called detention and arrest of even Mukhtar Ahmad Lone was only with regard to the JIC of CIK Srinagar. Additionally, the objections were not supported by any affidavit on behalf of the respondents.

(3.) In a batch of petitions in the case of Syed Muhammad Amin Shah v. State of J and K (HCP No. 896/91 and various other HCPs), a Division Bench of this Court in its judgement dated 10-11-1993 observed as under :-