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V. BHARGAVA, I. D. DUA, S. M. SIKRI
Abdul Ghani – Appellant
Versus
State Of J & K – Respondent
Judgment
BHARGAVA, J.: - Abdul Ghani has filed this petition under Article 32 of the Constitution praying for the issue of a writ of Habeas Corpus, alleging that his detention in jail is illegal. He has been detained in pursuance of an order passed by the District Magistrate of Poonch in the State of Jammu and Kashmir under Section 3 (2) read with Section 5 of the Jammu and Kashmir Preventive Detention Act, 1964 (hereinafter referred to as "the Act"). That order is reproduced below:-
"Whereas, I, Syed Mohammad shafli Andrabi. LAS, District Magistrate Poonch, am satisfied that with a view, to preventing Abdul Gani s/o Asdha Caste Rather Kashmiri Muslim r/o Chohana P/S Surankote District, Poonch, from acting in a manner prejudicial to the security of the State, it is necessary so to do.
Now, therefore, in exercise of the powers conferred by Section 3 (2) read with Section 5 of the Jammu and Kashmir Preventive Detention Act. 1964, I Syed Mohd. Shaffi Andrabi, IAS, District Magistrate Poonch, hereby direct that the said Abdul Gani on be detained in Central Jail Jammu subject to such conditions as to maintenance of discipline and punishment for breaches of discipline as have been specified
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