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1992 Supreme(J&K) 78

A.M.MIR
Kuldeep Singh – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Goni
Advocate For Respondent: Seema Khajuria

1. This Habeas Corpus petition has been filed, to quash the detention of Kuldeep Singh son of shri Basawa Singh r/o Kathiali Tehsil and District Gurdaspur ordered by District Magistrate, Jammu vide his No. 33 of 1990 dated 24.11.1990. The order has been challenged on the following grounds.

i) That the grounds of detention were furnished in a language which was not understood by the detenu.

ii) That the order suffers from non-application of mind.

iii) That the documents and material on which the grounds were based were not supplied.

iv) That the grounds were not supplied to the detenu within the statutory span of time.

v) That the grounds taken are incorrect and there are no basis to sustain them. No sources of information from which the grounds were obtained have been revealed.

2. Despite repeated opportunities for doing so, respondents failed to file counter. The court passed an elaborate order on 16.7.1991 whereby the last and final opportunity of four weeks was granted for filing counter subject to payment of Rs. five hundred as costs. This preemptory order directed this case to be listed for hearing in case counter could not be filed. Even then the counter was not filed and the c













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