HAKIM GHULAM HUSSAN Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The petitioner in this petition under the Constitution of India has challenged detention of Ghulam Mohd. Bhat detenue vide order of detention No. ST/DMS/194/87 dated 31/3/1987, passed by respondent No. 2, under section 8 of the Jammu & Kashmir Public Safety Act, 1978.

(2.) The petitioner, bypassing the grounds of detention on merits has challenged the order of detention on the ground that the material on which the detention order has been based and the detention order indicated itself, had not been furnished to him for making a proper representation; secondly, the detenue was already in custody at the time detention order came to be passed, but this fact has not been reflected in the order, that detention was despite petitionerTs being in custody justified under the Public Safety Act indicating the non-application of the mind by the detaining authority respondent No. 2, District Magistrate Srinagar; and thirdly, the detaining authority against the established provisions and principle of law has ordered the detention of the detenue, both on the ground of security of State and for maintaining the public order.

(3.) The respondent No. 2 on appearance has filed his counter-affidavit justifying the detention of the detenue with the assertion that after fully satisfying on the relevant material the order of detention has been passed and the material has been furnished to the detenue for enabling him to make a proper representation.