AB HAMID HAJAM Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
Ab Hamid Hajam
STATE OF JANDK
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(1.) ABDUL Hamid Hajani has challenged his detention ordered for a period of twenty four months by District Magistrate, Pulwama, vide his order No.
38/DMP of 1997, dated 03 -04 -1997.
(2.) THE facts and circumstances relevant and necessary for our present purpose are that the petitioner was arrested on 14 -09 -1996 in FIR
No. 288 of 1996 under Section 3/25 I A. Act, registered at Police
Station, Shopian. He was bailed out by the District and Sessions Judge,
Pulwama on 18 -02 -97. Petitioner was released from Central Jail, Srinagar
in the case on 19 -2 -1997. Soon after the accused came out of the jail,
the concerned Police wanted to re -arrest him and he was given to
understand that his detention has been ordered under Public Safety Act by
the District Magistrate, Pulwama on 03 -04 -1997, vide above referred order
of detention. Petitioner managed to get a copy of the detention order,
placed on record, as Annexure P3. This order is challenged on available
factual and legal grounds covered by Article 21 and 22 of the
Constitution of India and the provisions of Jammu and Kashmir Public
Safety Act, 1978
(3.) THE challenge to the legality of the detention order is in main based on non -application of mind on the part of detaining authority,
failure to serve the order of detention and grounds of detention and
deprivation of opportunity of making representation against the detention
to the Government.
The respondents have consciously and despite due service and appearance through Mr. R.A. Khan, G.A. failed to file counter.;
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