2004 Supreme(J&K) 365
HAKIM IMTIYAZ HUSSAIN
Ab. Ahad Rather – Appellant
Versus
State Of J. &K. – Respondent
Advocates Appeared:
Advocate For Appellant: M.I. Sofi
Advocate For Respondent: M.A. Beigh
1. This Habeas Corpus Petition has been filed by Abdul Ahad Rather S/o Mohd. Mansoor Rather R/o Tekipora, Sogam, Kupwara (the detenu) through his father Mohd. Mansoor Rather. It is alleged that the detenu came to be arrested on 3.06.2003. He was later booked in FIR No. 34/03 under Sections 307,149,120 RPC, and 7/25 Arms Act of Police Station Lalpora, Kupwara, FIR No. 58/2002 of P/S Sogam for offences u/s _ POTA, 302, 307,120 B RPC, 7/25 A.A., FIR No. 83/2003 of P/S Kupwara u/s 302,307 RPC, 7/25 AA, and FIR N. 85/2002 P/S Sogam, u/s 302 RPC, 7/25 Arms Act. The grounds of detention as issued by respondent No. 2 shows that the detenu was serving in Police Department of J&K Government as Selection Grade Constable. The main allegation against him is that he was working over ground worker of J.E.M, the unlawful organisation and that his aim and object was to indulge in such nefarious activities which were highly prejudicial to the security of the State. The grounds of detention gives various activities in which the detenu has allegedly indulged. Ultimately the detaining authority has come to the conclusion that ordinary law of the land will not serve as a corrective, hence, his detention
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