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2011 Supreme(J&K) 175

MANSOOR AHMAD MIR
Zakir Maqbool Khan – Appellant
Versus
State of J&K & Ors. – Respondent


Advocates Appeared:
Mr.N.A.Ronga, Advocate for the Petitioner., Mr.A.M.Magray, Sr.AAG for the Respondent.

1. Mohammad Maqbool Khan, father of the detenue, namely, Zakir Maqbool Khan R/O Pamposh Colony Chanapora, Srinagar, has questioned the detention order bearing No. DMS/PSA/90/2010 dated 15.10.2010 passed by respondent No. 2, District Magistrate, Srinagar, on the grounds taken in the petition.

2. Respondents filed the counter and resisted the writ petition. Petitioner has also filed rejoinder.

Heard. Perused the record.

3. I am of the considered view that respondents have observed all the safe­guards as provided under the Constitution read with the provisions of Public Safety Act in breach for the following reasons.

Petitioner has specifically averred that respondents have not supplied copies of the order of detention, grounds of detention, dossier and other material relied upon by the Police as well as by the District Magistrate to detenue enabling him to make an effective representation. Respondents have not specifically denied the said averment. It is averred that the grounds of detention and order of detention was served upon the detenue in Sub-Jail, Kupwara. Petitioner has denied the said fact. It is worthwhile to mention herein that lodgment of the detenue was fixed at Udhampur and









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