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1972 Supreme(SC) 370

H.R.KHANNA, I.D.DUA, J.M.SHELAT
Suna Ullah Butt – Appellant
Versus
State Of J & K – Respondent


Advocates:
OM PRAKASH DUBEY, R.H.Dhebar, R.N.SACH

Judgment

KHANNA, J. :- This is a petition through Jail under Article 32 of the Constitution for issuing a writ of habeas corpus by Suna Ullah Butt, who has been ordered by the District Magistrate Poonch to be detained under Section 3 (2) read with Section 5 of the Jammu and Kashmir Preventive Detention Act, 1964 (hereinafter referred to as the Act) with a view to preventing him "from acting in any manner prejudicial to the security of the State."

2. The order of detention was passed by the District Magistrate on October 24, 1971. In pursuance of the detention order, the petitioner was taken into custody the same day and was explained the substance of the detention order. The petitioner was thereafter kept in Central Jail Jammu. The grounds of detention were communicated to the petitioner on November 1, 1971 in accordance with Section 8 of the Act, which requires that such grounds should be communicated to the detenu as soon as possible but not later than 10 days from the date of detention. The order of detention was approved by the Chief Minister, who was incharge of the Home Department, on. November 12, 1971. The case of the petitioner was placed before the Advisory Board on Decembe














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