1. Challenge in this petition is to order No. 128/DMB/PSA/10 dated 12th August 2010, whereby District Magistrate, Baramulla-respondent No. 2 herein, has ordered preventive detention of Shri Manzoor Ahmad Mir son of Abdul Rashid Mir resident of Mulgam, Kunzar, Tehsil Tangmarg, District Baramulla, (herein after referred to as "detenue") for a period of 12 months (one year) and directed his lodgment in District Jail, Udhampur.

2. I have gone through the petition. I have heard learned counsel for the petitioner as also learned Additional Advocate General, appearing for respondents.

3. The petition must succeed for the following reasons:-

1. The respondent No. 2 has, at the very threshold, ordered detention of detenue for a period of 12 months. The respondent No. 2 - a senior officer in the State Administration, is expected to be aware that the detention order made under Section 8(1) of J & K Public Safety Act read with Sub Section (1) is to survive in terms of Section 8 (4) of J & K Public Safety Act, 1978, for a period of 12 days, unless within said period detention order finds approval of the Government. The respondent No. 2 by placing the detenue under preventive detention for a period

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