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2002 Supreme(J&K) 100

SYED BASHIR-UD-DIN
Gh. Mohd. Dar – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: B.A. Khan
Advocate For Respondent: G. Mustafa

1. Subject Ghulam Mohammad Dar has been arrested on 25-04-2000 in FIR 94/2000 under section 7/25 I.A. Act of Police Station Ganderbal. He was held under above punitive detention till 15-06-2000. when he was further detained under preventive custody pursuant to detention Order NO: DMS/PSA/25 dated: 23-05-2000 passed by District Magistrate Srinagar under section 8 of Jammu and Kashmir Public Safety Act, 1978. This order and consequent preventive detention was challenged in H.C. Petition No. 249/2000 before the High Court and vide judgment dated: 10-07-2001, the detention order was quashed and detenue was ordered to be released from capitivity. However, the Government without bringing it to the notice of the court in the above writ petition, revoked the above detention order of District Magistrate Srinagar dated: 23-05-2002 and passed a fresh order No. Home/PB-V/2706 of 2000 dated: 05-09-2000, ordering further detention of the detenue under section 8 of the J&K Public Safety Act. This order and the detention is under challenge in this petition on number of grounds.

2. However, the counsel confines his submissions and has taken up the following grounds alone to assail the detention: -

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