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A.M.MIR
Sunil Kumar – Appellant
Versus
State – Respondent


Advocates:
Counsel for the parties:
For the Petitioners: Mr. Sunil Sethi, Mr. Rakesh Sharma and Mr. S.S. Jamwal.
For the Respondents: Mr. Baldev Singh (G.A.)

JUDGMENT

A.M. Mir, J. - Two detention orders passed by District Magistrate, Jammu based upon stereotype allegations, are challenged on the identical grounds and as such this common judgment will dispose of both these petitions.

2. The grounds of challenge projected by the petitioners are as under:

i) That the grounds of detention are ill-founded, incorrect and illusory.

ii) That the documents referred to in the grounds have not been supplied under law.

iii) That the orders suffer from non-application of mind.

iv) That the matters were not referred to the Advisory Board.

v) That no confirmation to the detentions was accorded by the competent authority.

3. The respondents' count-wise stand to the above grounds as indicated by their counter affidavit is as under:

i) That the grounds are cogent, correct and well founded.

ii) That the grounds have been duly received by the detenues.

iii) That the orders of detention were passed after duly considering the criminal activities of the detenues after full application of mind.

iv) That the cases were referred to the Advisory Board.

v) Denied.

4. In the first instance, I want to refer to the preliminary objections raised by the State in their

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