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2004 Supreme(J&K) 181

R.C.GANDHI
Ab. Hamid Bhat – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: Imtiyaz Ahmad Sofi
Advocate For Respondent: Mokshah Qazmi

(Oral):

1. The detenue, Abdul Hamid Bhat, S/o Ab. Gani Bhat, R/o Kandi Handwara, through his father seeks to quash the detention order No. DMK/PSA/83 of 2003 dated 25.2.2003 passed by District Magistrate, Kupwara in exercise of his power u/s 8 of the J&K Public Safety Act 1978 (hereinafter referred to as "the Act") directing preventive detention of the detenue for a period of 24 months.

2. The detention order has been challenged on the grounds that the detenue has neither been produced before the Advisory Board nor provided an opportunity to appear and defend himself before the Advisory Board. The Advisory Board has not recommended the continuation of the detention of the detenue. The respondents have not informed the detenue to make representation against the detention order is breach of section 13 of the Act. The material referred to and relied upon has not been supplied to the detenue. He was taken in custody on 22.1.2003 under FIR No. 12/2003 registered in Police Station Kupwara. The detaining authority has not shown the compelling reasons for detention of the detenue. The compelling reasons shown are that the ordinary law of the land will not serve any corrective measures, as su
























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