Detenu Ghulam Nabi Shah Son of Abdul Jabar Shah R/o Sogam, Kupwara through his wife seeks to quash the detention order No. 8.DMK/PSA of 2003 dated 12.9.2002 passed by District Magistrate, Kupwara in exercise of powers under Section 8 of the J&K Public safety Act 1978 (for short" the Act") directing preventive detention of the detenu.

2. The detention order has been challenged on the ground that the detenu being already in the custody of the respondents has been taken in preventive custody without application of mind. The detaining authority has not drawn subjective satisfaction in terms of Sec.8 of the Act and also failed to explain as to why the detenu could not be put to trial.

3. Respondents have filed the counter affidavit controverting the averments of the petition. It is stated therein that the detenu was arrested in FIR NO. 85/2002 of Police Station Sogam for commission of alleged offence. The detention order has been approved in terms of Section 8 of the Act by the Government on 22.9.2003. The detenu has been explained the grounds of detention in Urdu and Kashmiri which he understood. The detention order has also been confirmed by the Government under section 17 of the Act.

4.

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