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2020 Supreme(J&K) 444

ALI MOHD.MAGREY, VINOD CHATTERJI KOUL
Mian Abdul Qayoom – Appellant
Versus
Union Territory of J&K – Respondent


Advocates Appeared:
For the Appellant :Z.A. Shah, Sr. Advocate, N.A. Ronga and Mian Tufail Ahmad, Advocates
For the Respondents: D.C. Raina, AG assisted by B.A. Dar, Sr. AAG, Shah Aamir, Aseem Sawhney, AAGs and Tahir Shamsi, ASG

ORDER :

Ali Mohd. Magrey, J.

1. This Letters Patent Appeal has been filed on behalf of the detenue against the judgment dated 07.02.2020 passed in WP(Crl.) no. 251/2019 whereby the learned Writ Court has dismissed the writ petition for habeas corpus seeking quashing of the detenue's detention order under Jammu and Kashmir Public Safety Act, 1978. A few relevant facts may be narrated.

2. The appellant-petitioner filed WP(Crl.) no. 251/2019 challenging the detention of her husband, Mian Abdul Qayoom, a practicing Advocate of this Court, ordered by the District Magistrate, Srinagar, in exercise of the powers under Section 8 of the J&K Public Safety Act, 1978 (JK PSA), in terms of his Order no. DMS/PSA/105/2019 dated 07.08.2019. The said order is shown to have been passed by the detaining authority on being satisfied that, with a view to preventing the detenue from acting in any manner prejudicial to the maintenance of public order, it was necessary to detain him. The detention order so passed by the detaining authority was challenged by the appellant-petitioner, broadly, on the grounds: (i) that the detenue was not supplied the material documents on the basis of which the detaining autho

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