NASIR AHMAD MALIK Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
Nasir Ahmad Malik
STATE OF JANDK
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(1.) NASIR Ahmad Malik has filed this petition to seek quashing of Order No. DMS/PSA/22 dated 20.06.2003, whereby he has been ordered to be
detained in preventive custody for a period of one year by District
(2.) SH . Mohd. Ashraf, learned counsel for the petitioner, makes a short submission that the District Magistrate had proceeded on a wrong
premise in treating the petitioner to be in custody, whereas the
petitioner stood already released on bail when the District Magistrate
had issued orders for his preventive detention. Learned counsel relies on
the certified copies of the order passed by Judge, Small clauses Court,
Judicial Magistrate 1st Class, Srinagar, dated 27.03.2003, and order
dated 24.06.2003 passed by Principal Sessions Judge, Srinagar, in file
No.81 of 07.06.2003. He submits that the order of the learned Magistrate
is arbitrary besides being violative of the provisions of the J&K Public
Safety Act, 1978.
(3.) SH . M. M. Rathore, learned Addl. AG on the other hand, submits that the petitioners writ petition was not maintainable because he cannot
question his detention unless he first surrenders to custody. He supports
the detention on order as having been passed on valid grounds.
I have considered the submissions of learned counsel for the parties.;
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