O.CHHINNAPPA REDDY, P.N.SHINGHAL, R.S.SARKARIA
Mohammad Yousuf Rather – Appellant
Versus
State Of J & K – Respondent
Judgment
SHINGHAL J.:- This petition of Mohammad Yousuf Rather under Article 32 of the Constitution challenges his detention under S. 8 (a) (i) of the Jammu and Kashmir Public Safety Act, 1978, hereinafter referred to as the Act. The order of detention has been made by the District Magistrate of Anantnag on April 12, 1979, and it is not in controversy that it has really been made under sub-sec. (2) of S. 8 of the Act on the basis of the satisfaction provided for in sub-clause (1) of clause (a) of sub-sec. (1) of that section. While the petitioner has stated that he did not receive the order of detention, and only the grounds of detention were communicated to him, his learned counsel Mr. Ramamurthi has not raised any controversy on that account. He has in fact given up several other points on which the writ petition has been filed, and has contented himself by putting his arguments in two ways. Firstly, he has argued that some of the grounds are so vague that the petitioner has not found it possible to exercise his fundamental right of making a representation under Art. 22 (5) of the Constitution. Secondly, he has argued that some of the grounds are irrelevant for the purpose of maki
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referred to : R. C. Cooper v. Union of India
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