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1971 Supreme(Mad) 2

S.M.SIKRI, J.M.SHELAT, I.D.DUA, H.R.KHANNA, G.K.MITTER
Mohd. Maqbool Damnoo – Appellant
Versus
The State of Jammu and Kashmir and The Attorney-General for India (By notice. ) – Respondent


R.K. Garg and S.C. Agarwal, Advocates M/s. Ramamurthi & Co., and A.K. Gupta and R.K. Jain, Advocates, for Petitioner.
Ishwar Singh Bakshi, Advocate-General, for the State of Jammu and Kashmir and M.C. Chagla, Senior Advocate (R.N. Sachthey and S.K. Dholakia, Advocates, with them), for Respondent.
Niren Da, Attorney-General, for India (R.N. Sachthey and Ram Panjwani, Advocates with him), for the Attorney General for India.

Sikri, C.J.-This is a petition under Article 32 of the Constitution challenging the detention of the petitioner under the Jammu and Kashmir Preventive Detention Act, 1964 (J. and K. Act XIII of 1964) hereinafter referred to as the Act.

2. On 24th June, 1970, the District Magistrate of Baramulla passed the impugned detention order in the following terms:

“Office of the District Magistrate, Baramulla

No. PDA/IMB/81M

Dated 24-6-1970.

Order.

Whereas I, S. S. Rizvi, District Magistrate, Baramulla, am satisfied that, with a view to preventing Mohammad Maqbool Damnoo s/o. Ghulam Mohi-ud-Din Damnoo alias Mahda Joo r/o. Sangrampora from acting in any manner prejudicial to the security of the State, it is necessary so to do; Now, therefore, in exercise of the powers conferred by section 3 (2) read with section 5 of the Jammu & Kashmir Preventive Detention Act, 1964, I, S.S. Rizvi, District Magistiate, Baramulla hereby direct that the said Mohammad Maqbool Damnoo be detained in the Central Jail, Srinagar, subject to such conditions as to maintenance, discipline and punishment for breaches of discipline as have been specified in the J, and K. Detenues Genera] Order, 1968.

Sd. District Magistrate,

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