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2005 Supreme(SC) 1335

K.G.BALAKRISHNAN, ARUN KUMAR
SURAM CHAND – Appellant
Versus
State Of J & K – Respondent


ORDER

1. THIS WRIT PETITION HAS BEEN FILED ON BEHALF OF ONE FAROOQ AHMED DAR WHO HAS BEEN DETAINED UNDER THE PROVISIONS OF THE JAMMU AND KASHMIR PUBLIC SAFETY ACT, 1978. THE DETENTION ORDER WAS PASSED ON 5-11-2004. THE SECRETARY OF THE STATE LEGAL AID COMMITTEE OF JAMMU AND KASHMIR HAS CHALLENGED THE DETENTION ORDER ON THE GROUND THAT THERE ARE NO VALID GROUNDS TO PASS THE DETENTION ORDER AGAINST FAROOQ AHMED DAR. COUNSEL FOR THE PETITIONER POINTED OUT THAT PREVIOUSLY THERE WAS A DETENTION ORDER PASSED AGAINST THE VERY SAME DETENU AND THIS COURT BY THE ORDER DATED 5-11-2004 QUASHED THE DETENTION ORDER AND RELEASED HIM. THE DETENTION ORDER WAS QUASHED ON THE GROUND THAT NO MATERIAL WAS PLACED ON THE RECORD TO SUBSTANTIATE THE CONTENTION THAT THE DETENU WAS GIVEN LIBERTY TO FILE A PROPER REPRESENTATION AGAINST THE DETENTION ORDER. THIS COURT OBSERVED THAT THE GROUNDS OF DETENTION WERE NEITHER READ NOR WERE EXPLAINED TO THE DETENU AND HE WAS NOT INFORMED OF HIS RIGHT TO MAKE A REPRESENTATION. OF COURSE, IN THAT ORDER, THIS COURT HAS STATED THAT THERE WAS NO BAR FOR A FRESH ORDER OF DETENTION BEING PASSED. COUNSEL FOR THE PETITIONER SUBMITTED THAT PREVIOUSLY ALSO THE DETENTION ORDER WAS

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