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1988 Supreme(J&K) 33

S.M.RIZVI
Noor-ud-Din Shah – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: Z.A. Qureshi
Advocate For Respondent: M.M. Din

1. By medium of this writ of habeas corpus, the detention order No: 420/ST/87 dated: 8-4-1987 passed by the District Magistrate, Anantnag, under Section 8 of the Public Safety Act (herein-after refer red to as Act) detaining Noor Din Shah Khanadamad of Ghulam Mohammed Shah Resident of Batagund, Verinag, Kashmir, has been challenged on various grounds, as mentioned in the petition

2. No reply affidavit was filed on behalf of the respondents despite numerous opportunities given to Additional Advocate General in this behalf, and therefore, the factual allegations made in the petition have remained un-rebutted

3. It may be mentioned here that this petition was dismissed by a learned Single Bench of this Court on 3-9-1987 on some technical grounds, and that decision was later on set aside, by a Division Bench of this Court in LPA No: 8 of 1987, and that is how the case has again come up for adjudication.

4. I have heard the learned counsel for the parties. The learned counsel for the petitioner has argued only two legal points to assail the impugned order of detention, which, according to him, are sufficient for quashing of the same.

5. Firstly, he argued that the detaining authority has re












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