ZAKIR HUSSAIN Vs. STATE
LAWS(J&K)-2006-3-16
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 07,2006

ZAKIR HUSSAIN Appellant
VERSUS
STATE Respondents

JUDGEMENT

J.P.SINGH, J. - (1.) PETITIONER Zakir Hussain Wani, seeks quashing of his detention order No. PSA/DM/JC/05/03 dated 27.7.2005, through the medium of this Habeas Corpus Petition No. 33/2005.
(2.) IT is stated that petitioner was booked in FIR No. 70/2004 under Section, 302/307 R.P.C and sent to Joint Interrogation Centre, Jammu for sustained interrogation. It further comes out from the petition that the petitioner was implicated in another FIR being FIR No. 102/2004 dated 5.7.2004 under Sections 212/121, 122/120B, 124/124A R.P.C. Petitioner submits that while he was in judicial lock up at Central Jail Kot Bhalwal, he was served with a copy of communication No. PSA/DM/JC/04/10 -11/DM/Doda dated 9.8.2004, whereby he was ordered to be detained under Section 8 of the Jammu and Kashmir Public Safety Act 1978 for a period of one year. It is stated the detention order was quashed in Habeas Corpus petition No. 1046/2004, by this Court. A copy of the order has been placed on the records. The petitioner further submits that after his release on 27.5.2005, pursuant to quashing of his detention, he was again picked up by the officials of respondent No. 3 and shifted to Joint Interrogation Centre, Jammu. He was again' served with a copy of communication No. PSA/DM/JC/05/12 dated 27.7.2005 being detention order under Section 8 of the Jammu and Kashmir Public Safety Act 1978.
(3.) IT has been specifically pleaded in the petition that petitioner was not supplied the dossiers submitted by SSP, CID CI Jammu, copies of FIR No. 102/2004 and FIR No. 1/2004, which had formed the basis of the detention, thereby depriving him of his right to make effective representation. It is further stated that the representation of the petitioner has not been disposed of.;


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