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2014 Supreme(J&K) 399

MOHAMMAD YAQOOB MIR
Sajad Ahmad Dar – Appellant
Versus
State – Respondent


Advocates Appeared:
M.A. Qayoom, T. A. Lone.

1. In pursuance of impugned order of detention No.53/DMB/ PSA-2011 dated 20.1.2012, passed by District Magistrate, Baramulla, detenue was detained under J&K Public Safety Act, 1978. Superintendent of Police, Sopore was under direction to get the detenue examined by the Government Medical practitioner of the respective jurisdiction at the time of execution of the warrant and to inform the legal heirs of the detenue about his detention. In pursuance to the said order, detenue had been lodged in District Jail, Kupwara. The detenue was also involved in the case FIR No.331/2011 P/S Sopore under Sections 420, 467 RPC and 10 ULA(P) Act. The detenue when fell ill was referred to SKIMS where he died on 22nd March, 2012 at 12.30 PM due to Cardio Pulmonary Arrest.

2. It was alleged that there has been negligence in not providing timely treatment to the deceased based on which District Magistrate, Baramulla, vide his order No.490-DMK/Adm of 2011 dated 22.03.2012 had ordered Magisterial enquiry through Additional District Magistrate, Kupwara.

3. The instant petition was filed by the detenue through his father seeking quashment of the detention order No. 53/DMB/PSA2011 dated 20.1.2012. During pend




























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