HIGH COURT OF JAMMU AND KASHMIR
Mohd Amin Wani
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(1.) IMPUGNED in this writ petition with a prayer for quashment thereof is the detention order No. DMP/PSA/132/04 dated 29.03.2004, purporting to
have been passed by District Magistrate, Pulwama, against petitioner
namely Mohammad Amin Wani, on various grounds mentioned in the memo of
detention appended with the detention order, copy whereof has been
furnished to him.
(2.) DURING the course of submission, petitioners counsel stated that the order has not been executed till date even after lapse of more
than 26 months, while the period of detention which the petitioner had to
undergo in terms of aforesaid detention order was only 24 months. On the
face of it, therefore, grounds of detention appended with the memo of
petition, became stale by now and the detention order must have lost its
(3.) RESPONDENTS counsel in his reply resisted the contention of petitioners counsel by stating that the order of detention could not be
executed because of the fact that the petitioner was absconding.
Meanwhile period of detention by now has expired, as such it has lost its
Accordingly the petition is allowed and detention order No.DMP/PSA/132/04 dated 29.03.2004, purporting to have been passed by
District Magistrate, Pulwama against Mohammad Amin Wani S/o Gh. Rasool
Wani R/o Kursu Rajbagh, Srinagar, is quashed.;
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