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2003 Supreme(J&K) 82

Y.P.NARGOTRA
Mohd. Rafiq Rather – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: G.N. Shaheen
Advocate For Respondent: Tassaduq Hussain Khawaja

Y.P. Nargotra, J.

1. The District Magistrate Srinagar passed the following detention order under Section 8 of Public Safety, Act vide his No. DMS/PSA/18 Dated 24.4.2002:

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 Shri Mohd. Rafiq Rather S/o Gh. Nabi Rather R/o Laloo Shishgari Bagh District Budgam from acting in any manner prejudicial for the maintenance of the security of the state it is necessary to do so.

Now therefore in exercise of the powers conferred by the Section 8 of the J&K Public Safety Act of 1978, I, District Magistrate Srinagar hereby direct that the said Shri Mohd Rafiq Rather @ Thaba S/o Gh.Nabi R/o Lalo Shishgari Bagh Distrtict Budgam be detained and lodged in Kot-bhalwal Jail Jammu."

2. The detenu was already in the custody as had been arrested on 1st of March 2002 alongwith his associates and arms and ammunition were recovered from him, in connection with which FIR 21/2000 was registered with the police station Sherigari. The detention order aforesaid was approved by the Government on 3rd of May 2002 and detenu was taken into preventive custody on 29th of April


















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