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2005 Supreme(J&K) 87

MANSOOR AHMAD MIR
Ab. Rashid Jogger – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: G.N. Shaheen
Advocate For Respondent: M.A. Wani

1. By the medium of this petition, the detention order bearing No. DMP/PSA/PA/12 dated 19.07.2004 passed by District Magistrate Pulwama, whereby the detenu, namely, Abdul Rashid Jogger stands detained in Kathua Central Jail, has been challenged. The challenge has been thrown on the following grounds; -

2. That the detenu was already in custody, so there was no need to detain the detenu in terms of the detention order under Public Safety Act and no compelling reasons have been set out in the order of detention; undue delay has crept in while executing the order of detention; the grounds of detention and material relied upon have not been furnished to the detenu and script of the same has not been made available to the detenu in Urdu and Gojri languages.

The respondents have filed counter affidavit. It is profitable to reproduce paras-B and D of the said counter affidavit herein; -

B. That the activities of the detenu were prejudicial to the security of the State, as such was detained under the Public Safety Act, 1978 vide Order No. DMA/PSA/12 dated 19.07.2004.

D. That under sub Section 4 of section 8 of Public Safety Act, 1978, the respondents have approved the detention order of the de

























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