Virender Singh, J.
1. Through this instant petition, the petitioner, who is the father of the alleged detenue namely Farooq Ahmad Lone, craves the indulgence of this Court for quashment of detention order bearing No. Home/PB-V/1083/2006 dated 25.5.2006 (Annexure-E), vide which he has been detained under Jammu and Kashmir Public Safety Act. 1978 (for short hereinafter to be referred as the Act).
2. Pursuant to notice, reply/counter has been filed on behalf of the respondents by District Magistrate, Kupwara (District Kupwara).
3. I have heard learned Counsel for both the sides and with their assistance gone through the complete records.
4. Mr. B.A. Tak, contends interalia that vide order dated 22.12.2005 (Annexure-B), the petitioner was earlier detained under the 'Act' passed by District Magistrate, Kupwara, which was subsequently revoked vide order dated 25.5.2006 (Annexure-C) passed by Financial Commissioner Home. Mr. Tak then contends that surprisingly the impugned order (Annexure-E) of re-detention was passed by the concerned authority on the same date i.e. 25.5.2006 that too without assigning any cogent grounds of detention.
5. Dwelling upon his arguments, Mr. Tak then submits that the earlier grounds of detention, on the basis of which order dated 22.12.2005 (Annexure-H) was passed, cannot be made available to the authority concerned for passing the re-detention order especially when after re-examining the entire case the earlier order was revoked. Therefore, the fresh detention order lacks application of mind and deserves to be quashed on this count alone.
6. Mr. Tak, attacks the impugned order of detention, yet from another angle, submitting that there is statutory delay in the execution of the said order. Admittedly, it was passed on 25.5.2006 whereas the execution date is 29.6.2006. This indicates that there is an inordinate delay in execution of the order of detention and the same has not been explained anywhere. To substantiate his submission Mr. Tak has referred to Section-13 of the 'Act', which reads as under:
(1) When a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may he, [but ordinarily not later than five days and in exceptional circumstances and for reasons to he recorded in writing, not later than ten days from the date of detention] communicate to him grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order to the Government.
7. In support of his contentions, Mr. Tak relies upon the order passed by the co-ordinate Bench on 17.04.2007 in IICT No. 586/2006 titled Shabir Ahmad Sheikh v. State and Ors. In this case the detention order was quashed primarily on the ground of delay in its execution.
8. On the basis of aforesaid submission, Mr. Tak prays for quashing of the impugned order of detention (Annexure-E).
9. Mr. M.A. Beigh, Dy. A.G refutes the submissions of Mr. Tak, but concedes that there is certainly statutory delay in execution of the detention order.
10. In view of the aforesaid admitted position, I do not detain myself further in entering into detailed discussion on other aspects of the case in hand and following the ratio of Shabir Ahmad Sheikhs' case (supra) allow the instant petition Resultantly the impugned detention order No. Home/PB-V/1083/2006 dated 25.5.2006 (Annexure-E) is hereby quashed.
11. Respondents are directed to release the detenue namely Farooq Ahmad Lone S/o Abdul Jabbar Lone R/o Lone Mohalla, Sogam, District Kupwara, forthwith from the custody, if not required in any other case.
12. Concerned quarters be intimated of the order passed by this Court without any delay.