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2010 Supreme(J&K) 71

MOHAMMAD YAQOOB MIR
Shabir Ahmad Shah – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Qayoom
Advocate For Respondent: S.A. Vakil

1. Detenue Shabir Ahmad Shah presently lodged in District Jail, Kathua pursuant to detention order No.DMS/PSA/73/2009 dated 9.2.2010 is stated to be suffering from various ailments. In support whereof, number of prescriptions are available on the record.

2. The respect to the liberty is precious and is constitutionally guaranteed and at the same time what should be respect to the life is quite understandable.

3. It is vehemently projected that the ailments of the detenue are such which may likely have adverse impact on his life. Specialized treatment is imperative and is bounden duty of the authorities concerned to extend the same to the detenue.

4. The shifting of the detenue from District Jail, Kathua to Central Jail, Kathua is not only sought on the count of ailments of the detenue but also on the count of principle as has been laid down by the Constitutional Bench of the Honble Apex Court while rendering the judgment captioned A.K. Roy v. Union of India & others (AIR 1982 SC 710).

5. It is settled that as a matter of rule, detenue has to be kept in detention in a place which is within the environs of his ordinary place of residence. The departure is permissible when requirements of
















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