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2017 Supreme(J&K) 765

Tariq Ahmad Dar – Appellant
Versus
State of Jammu And Kashmir – Respondent


Advocates Appeared:
For the Appellant :Mr. Wajid Haseeb, Advocate
For the Respondents: Mr. Asif Maqbool, GA

JUDGMENT :

Badar Durrez Ahmed, J.

1. This appeal is directed against the judgment dated 18.04.2017 passed by a learned Single Judge whereby the appellant's Habeas Corpus Petition No. 14/2017 was rejected.

2. The detenu (Tariq Ahmad Dar) was detained under detention order dated 22.12.2016 issued by the District Magistrate, Baramulla, in purported exercise of powers conferred by Clause (a) of Section 8 of the Jammu and Kashmir Public Safety Act, 1978. Prior to this detention order, the detenu is alleged to be involved in several criminal cases, including FIR No. 178/2016 and FIR No. 332/2016 registered at Police Station, Baramulla. FIR 332/2016 pertained to an alleged incident which took place on 18.02.2016 and the said FIR has been registered under Sections 307, 148, 149, 336, 353 of RPC. In respect of that FIR the detenu was arrested on 17.11.2016. However, he has been granted bail on 24.11.2016. Immediately thereafter the detenu was arrested in respect of FIR 178/2016 which was registered under Sections 147, 148, 149, 332, 336, 307, 353 of RPC.

3. While he was in custody, the said detention order dated 22.12.2016 was passed by the District Magistrate, Baramulla. The detention order wa
























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