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2003 Supreme(J&K) 155

SYED BASHIR-UD-DIN
Alam Bhat – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Qayoom
Advocate For Respondent: M.M. Khan

1. The subject, detenue has prayed for Writ of Habeas Corpus in respect of his detention by the state Government. He is detained under order No. DMS/PSA/52 dated 18.1.2002 passed by District Magistrate Srinagar under section 8 of the J&K Public Safety Act, 1978. It is alleged that earlier to this order he was detained under Order No: DMS/PSA/98 dated 25.1.2001, by the very detaining officer Respondent No.2 on grounds stated thereto. However, the order as also the detention was quashed by this court in HCP No. 27/2001 vide its decision dated 13.11.2001. Yet the detenu was not released and instead the impugned detention order was again passed on the very grounds on which first detention was quashed by the court. Neither the impugned detention order nor the grounds, nor material referred in the order was supplied to detenue. The detenue has been prejudiced to make representation against the detention order. The detenue received covering letter (Annexure-D) informing him of being detained and that he could make representation to the Government, Though neither the order nor the grounds nor the material was furnished to him, yet he moved representation (Annexure-G) addressed to Principal


























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