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2008 Supreme(J&K) 516

Virender Singh
Mohd. Akhter Naik – Appellant
Versus
State – Respondent


Advocates Appeared:
B.S. Bali, S.C. Gupta.

1. Father of Mohd Akhter Naik (to be referred as `detenue’) through the instant petition seeks quashment of the detention order No. DMR/PSA/07/03/265-71 dated 09.07.2007 passed by District Magistrate, Ramban (respondent No.2) whereby detaining his son under Section 8 of the J&K Public Safety Act 1978 (for short `the Act’).

2. Admitted position is that when the detenue was detained under the Act on 09.07.2007, he was already in judicial confinement in case F.I.R. No. 44/2007 registered at Police Station Banihal under Sections 120-B/ 121-A RPC read with Sections 13 & 20 of the Unlawful Activities (Prevention) Act, in which he was arrested on 12.04.2007. Other admitted position is that his co-accused namely Farooq Ahmed Wani, who was also booked with him in the said F.I.R. and was subsequently detained under the Act on 03.08.2007, had challenged his detention order which stands quashed vide judgment dated 05.03.2008 (Annexure-C).

3. Pursuant to notice, respondents had put in appearance but till date no reply has been filed despite many opportunities including the last one being granted. The right is, thus, closed, as such like petitions should be decided at the earliest. However, Mr. Gu




















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