ABDUL AZIZ GANAI Vs. STATE OF JAMMU AND KASHMIR
HIGH COURT OF JAMMU AND KASHMIR
ABDUL AZIZ GANAI
STATE OF JAMMU AND KASHMIR
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(1.) ORDER :- Abdul Aziz Ganai came to be arrested on 22/23 of Jan. 1999 in FIR 16/99 under Section 7/27 IAA Registered at Police Station Awantipora. Subsequently, during the course of custody, he was detained for a period of 12 months under Section 8 of the JandK Public Safety Act. vide Order No. 8/DMP of 1999 dated 4-2-1999, by District Magistrate, Pulwama, with a view to prevent him from acting in any manner prejudicial to the security of the State. This order of detention has been called in question on grounds constitutional as also statutory as available under law of the land.
(2.) Petitioner, alleges that detenu has been detained in breach of provisions of Public Safety Act, so far as his case has not been referred and considered by the Advisory Board and the time frame provisions of the Act have not been observed. He has not been supplied with the material and documents referred in the grounds, the basis of his detention. The detention suffers from non-application of mind and lacks in subjective satisfaction of the detaining authority.
(3.) Respondent No. 2, detaining authority, has filed counter. It is averred that the detaining authority on the basis of dossier and other material accompanying such dossier, considered the matter and after subjective satisfaction passed the detention order. The detention order is passed on application of mind. The petitioner was detained under JandK Public Safety Act on 24-3-1999, and the order of detention was read over and explained to the detenu in the language which he understood. The case was referred to the Advisory Board which gave opinion in time. The order does not suffer from any illegality.;
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