MOHD. AMIN TANGA Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India read with section 103 of the Constitution of Jammu and Kashmir' the petitioner prays for quashing of detention of detenu namely: Shri Mohd. Amin Tango son of Abdul Rahim Tanga r/o Mohalla Jamia Baramulla who has been detained vide order No. 216 of 1987 dated 8.6.1987 passed by respondent No. 2 District Magistrate, Baramulla.

(2.) THE grounds of challenge to the detention are that the detaining authority respondent No. 2 has failed to record his awareness regarding arrest of the detenu by the Police. The grounds of detention are not only vague, stale and remote in point of time but lack all the material particulars. The detenu has not been furnished with full material to enable him to make the representation in accordance with Article 22(5) of the Constitution of India. The detaining authority has failed to record his satisfaction while passing the detention order in accordance with Public Safety Act. In the circumstances, the order of detention indicated needs to be quashed.

(3.) I have heard learned counsel for both the parties.