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2004 Supreme(J&K) 278

S.K.GUPTA
Madan Lal – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: V.R. Wazir
Advocate For Appellant: Tabassum Mughal
Advocate For Respondent: B.S. Salathia

The petitioners son, Deepak Kumar, has been detained in pursuance of an order of detention, passed by District Magistrate, Srinagar, vide order No. DMS/PSA/70 dated 18-10-2002 and in order to prevent him from acting, in any manner, prejudicial to the maintenance of public order under section 8 of the J&K Public Safety Act, 1978 (hereinafter for short referred to as "the Act") the detenue has been detained for a period of 12 months and lodged in Central Jail, Kot Bhalwal, Jammu, vide Government Order No.Home/PB-V/2417 of 2002 dated 12-12-2002. The order of detention passed by the detaining authority has been challenged by the detenue on variety of grounds, enumerated in para 5 of the petition, which are detailed as under:

"(a) That the grounds on the basis of which the son of the petitioner has been detained are not covered by the grounds mentioned in section 8 of the Public Safety Act of 1978. A photo copy of chapter IV, section 8 of the Public Safety Act is attached herewith for perusal of the Honble court as Annexure "B".

(b) That no satisfaction has been recorded by the detaining authority before passing the order, recording of satisfaction by the detaining Authority is a conditio












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