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2013 Supreme(J&K) 535

TASHI RABSTAN
Nissar Ahmad Bhat – Appellant
Versus
State – Respondent


Advocates Appeared:
M.A. Qayoom, M.A. Chashoo.

1. Detenu - Shri Nissar Ahmad Bhat son of Abdul Rahim Bhat resident of Nai Basti, Arwani, Anantnag, through his father seeks quashment of detention order No. 82/ DMA/ PSA/ DET/2013 dated 14.03.2013, passed by District Magistrate, Anantnag (for brevity "Detaining Authority"), directing preventive detention of the detenu.

2. The detention order, through the medium of writ petition on hand, has been challenged on the grounds that the detenu was arrested on 01.12.2007 and detained under the provisions of J&K Public Safety Act by District Magistrate Srinagar vide Detention Order No. DMS/PSA/12/2008 dated 11.07.2008, which was challenged in petition - HCPNo.185/2008. The said detention order is stated to have been quashed vide order dated 27.12.2008. The detenu was not released but was produced before Sessions Judge, Anantnag on 30.07.2009 in FIR No. 131/2007 P/S Bijbehara. The detenu was directed to be released vide order dated 30.07.2009 passed by Sessions Judge, Anantnag. However, detenu thereafter was again vide Detention Order No. Det/PSA/DMA/09 dated 04.09.2009, detained, which was again challenged in HCP No. 199/2009. It is contended that during consideration of said petition, lear































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