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2003 Supreme(J&K) 84

Y.P.NARGOTRA
Mohd. Younis Khan – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: S.T. Hussain
Advocate For Respondent: Tassaduq Hussain Khawaja

Y.P. Nargotra, J.

1. The detaining authority passed the following order under No. DMS/PSA/69 dated 6.2.2002.

Whereas I, Abdul Hamid , IAS District Magistrate Srinagar am satisfied on the basis of records received from SSP Srinagar that with a view to prevent Sh. Mohd. Younis Khan S/o Shri Gh. Qadir Khan R/o Tarbal Nawa Kadal Srinagar, from acting in any manner prejudicial for the maintenance of security of the state it is necessary to do so.

Now, therefore, in exercise of the powers conferred by Section 8 of the J&K Public Safety Act, 1978, I, District Magistrate Srinagar hereby direct that the said Sh. Mohd. Younis Khan S/o Sh. Gh. Qadal Khan R/o of Tarbal Nawa Kadal Srinagar be detained and lodged in Kot Bhalwal Jail Jammu."

2. The detenu was already in the custody of the police for having been arrested on 12th of November 2001 in connection with FIR 209/2001 under Section 7/25 Indian Arms Act registered in Police Station Safa Kadal Srinagar. Pursuant to the detention order the detenu was taken into preventive custody on 15th Feb. 2002. The detention order has been challenged in this Habeas Corpus petition on various grounds. LC for the petitioner has however restricted the grounds o















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