Excelsior Correspondent
SRINAGAR, Sept 1: High Court has warned the Divisional Commissioner Kashmir to proceed against him in case he fails to file counter affidavit in a matter pertains to detention of a person.
The court was dealing with a petition challenging therein order of Divisional Commissioner Kashmir detaining the petitioner Farooq Ahmad Wani of Tangmarg, Baramulla under Section (3) of Prevention of Illicit of Traffic in Narcotic Drugs and Psychotropic Substances (NDPS) Act on February 12.
The petition, court said was admitted to hearing on June 19 and time was granted to other side for filing the counter affidavit but the respondents have failed to file counter despite several opportunities.
“Despite five consecutive opportunities, the respondents have failed to file the counter. Two weeks last and final opportunity is granted for filing the same. Detention records shall also be kept available on the next date of hearing”, Justice Magary Directed.
Court has made it clear that in the event the Divisional Commissioner Kashmir fails to file the counter, this court shall have no option but to proceed against him under law. Copy of the order has been directed to be served to Divisional Commissioner Kashmir for information and compliance.
Detenue Wani was arrested on January 5 and FIR registered against him at police station Tangmarg under NDPS Act thereafter records submitted by the SSP Baramulla and after examining the facts and having requirements of the law, Divisional Commissioner Kashmir vide his order on February 12 detained the petitioner under Public Safety Act and is presently lodged in Central Jail Srinagar.
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