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1998 Supreme(J&K) 409

SYED BASHIR-UD-DIN
Ishfaq Hussain Beigh – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: Javaid Iqbal
Advocate For Respondent: G.M. Wani

1. Ishfaq Hussain Beigh, petitioner was arrested by Security forces on 14-2-1998 from his residence at Ikhrajpora, Srinagar, Later on, he was detained under section 8 of Jammu and Kashmir Public Safety Act, by District Magistrate Srinagar-Respondent No. 2, under order dated 30-4-1998 (Annexure-A) for a period of 15 months. The father of detenue Ishfaq Hussain Beg has challenged his detention on following grounds:-

2. The detention order suffers from non-application of mind and has been passed mechanically. The detaining authority has not shown awareness about the custody of detenue in the regular case nor any reason has been given for simultaneously detaining him under the provisions of public safety Act despite his detention in the regular case. The order of detention as also the material on which grounds of detention have been based, have not been served on him. The copy of Fir as also the other material referred to in the grounds of detention, has not been at all supplied to him. The detenue is in custody in FIR No. 10 of 1998 under section 302 RPC, 7/25 Indian Arms Act, about which occurrence, police report has been filed in court and case thereto is presently pending before t









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