The immediate execution of detention orders and expeditious consideration of detenue's representation are essential to uphold constitutional and statutory rights.

JUDGMENT :

1. The present petition has been preferred by the detenue-Javed Ahmad Mir S/o Late Abdul Rehman Mir R/o Sarhandi Colony, Khonmoh, Srinagar through his wife Mst. Sahista Bano, challenging his order of Detention No. DMS/PSA/50/2019, dated 08.08.2019, passed by the District Magistrate, Srinagar, detaining him under Section 8(a) of the Jammu and Kashmir Public Safety Act, 1978.

2. This order of detention has been assailed by the detenue on the ground that (i) the order of detention was passed on 08.08.2019 but the same was executed only on 30.03.2022, thus, the order of detention had already out lived its utility and, as such, the detention order is required to be set aside; (ii) the allegations made in the grounds of detention are too vague and cryptic and against the same no prudent man can make an effective representation; (iii) the detenue was already in custody in FIR No. 55 of 2019, at the time when the detention order was passed but there is delay still in the execution of the detention order which has vitiated the impugned order; (iv) the detaining authority has not furnished all the relevant material for passing the order of detention;(v) the grounds of detention have not been prepared by the detaining authority itself while passing the order of detention; (vi) the detenue has been prevented from making an effective representation and was not informed of his rights to make a representation before the competent authority which violates the Constitutional and Statutory rights guaranteed to him; (vii) the detenue had moved a representation before the respondent No. 2but the same has not been considered, as such, non-consideration of the representation violates the constitutional and procedural safeguards provided to the detenue under Article 22 of the Constitution of India and Section 13of the Public Safety Act.

3. Mr. Sajad Ashraf, learned G.A has filed counter affidavit as well as produced the detention record.

4. The respondents submit that the detenue was detained under the provisions of Jammu and Kashmir Public Safety Act, 1978 by virtue of detention order dated 08.08.2019, passed by the District Magistrate, Srinagar. The Detaining Authority has fulfilled all the statutory requirements and constitutional guarantees and procedural safeguards as provided to the detenu. The grounds of detention, order of detention as well as entire material relied upon by the Detaining Authority while passing the order of detention has been provided to the detenue. The detenue was also informed of his right to make a representation against the order of detention. The case of the detenu was referred to the Advisory Board for its opinion and the Advisory Board after considering the material placed before it has held that there is sufficient cause for detention of the detenu, thus, after the opinion, the Government confirmed the order of detention.

5. Heard learned counsel for the parties and perused the record also.

6. Perusal of the record reveals that though the order of detention was passed on 08.08.2019, the same was executed only on 31.03.2022, thus, there is an unexplained delay of almost two years in execution of the warrant. This, despite the fact that the detenu was already in custody in FIR No. 55 of 2019, was enlarged on bail in the said FIR vide order dated 17.11.2021, passed by the learned Special Judge, Srinagar. Thereafter the detenue had been regularly appearing before the trial Court. There is no explanation tendered for the delay of more than two years in execution of the detention order and this casts a shadow of doubt on the necessity of passing of the order of detention as the same has rendered its purpose irrelevant.

7. The Hon'ble Apex Court, while considering a similar proposition in Manju Ramesh Nahar v. Union ofIndia & Ors., AIR 1999 SC 2622, where there was a delay of more than five months in executing the order, hasheld as under;

"8. This object can be achieved if the order is immediately executed. If, however,