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JAMMU AND KASHMIR HIGH COURT
S. R. Sethi, J
Ghulam Rasool Shah v. State of J. and K. and Another
| Table of Content |
|---|
| 1. overview of the case and the initial detention. (Para 1) |
| 2. details of the detenu's arrests and the context of detention under the act. (Para 2 , 20) |
| 3. arguments presented regarding procedural failures in the detention process. (Para 3 , 5 , 21) |
| 4. court's observations on the need for expediency in detention execution. (Para 4 , 7 , 10 , 18) |
| 5. discussion on the legal principles surrounding execution delays and implications. (Para 8 , 11 , 12 , 14 , 15 , 19) |
| 6. final verdict quashing the detention order. (Para 22) |
1. Judgment passed by learned single Judge on 28-4-1998 in Habeas Corpus Petition No. 620/97 titled above is the subject - matter of challenge in this Letters Patent Appeal. A brief the relevant facts is given hereunder.
2. It appears that the detenu was initially arrested on 10-9-1993 and some time thereafter, he was detained in the provisions of the Jammu and Kashmir Public Safety Act, 1978 (hereinafter referred to as the 'Act'). He was released from detention on 30-7-1996. As the allegations go, the detenu did not abstain from indulging in militant activities after his release, but he was found involved in some bomb blasts that occurred at various places
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