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2013 Supreme(J&K) 15

MOHAMMAD YAQOOB MIR
Fayaz Ahmad Wani – Appellant
Versus
State of J&K & Ors. – Respondent


Advocates Appeared:
Mr. M. A. Qayoom, Advocate for the Petitioner.
Mr. M. A. Chashoo, AAG for the Respondent.

1. Order of detention bearing No.DMA/PSA/DET/2012 dated 18.08.2012, passed by respondent No.2, is under challenge in this petition.

2. Detenue, Fayaz Ahmad Ward, is stated to have been taken into custody in the month of December, 2010 in connection with case FIR No.331/2010 P/S An-antnag. While in custody has been lodged in District Jail, Kathua pursuant to order of detention bearing No. Det/PSA/DMA/10/28 dated 05.01.2011. The said deten#31;tion order has been quashed vide judgment dated 10.06.2011 while disposing of HCPNo.100/2011.

3. It is stated that the detenue was not released but instead was again detained vide detention order No.61/DMA/PSA/DET/11 dated 22.09.2011 and lodged at District Jail, Udhampur. Again this order was quashed vide order dated 30.3.2012 while disposing of HCP No.358/2011 but in compliance to the said order was not released and was taken into custody in connection with case FIR Nos.39/2008, 437/2010 and 431/2004. Now again pursuant to order of detention impugned dated 18.8.2012 has been lodged in Central Jail, Kathua.

4. Contention of the learned counsel for the petitioner is that the grounds of detention which formed base for the earlier orders of detention















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