GHULAM MOHAMMAD MIR Vs. STATE OF JAMMU AND KASHMIR
HIGH COURT OF JAMMU AND KASHMIR
GHULAM MOHAMMAD MIR
STATE OF JAMMU AND KASHMIR
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(1.) ORDER :- Ghulam Mohd Mir, was arrested on 20-5-1998, at Lassipora Sogam (Kupwara). From his possession four Hand- grenades, one Mag, and AK Amn-20 Rds were recovered. Case (FIR 35/98) under S. 5/25 IAA was registered at Police Station, Lalpora Kupwara. While in custody in this case, the District Magistrate, Kupwara detained him under S. 8 of the Jammu and Kashmir Public Safety Act, 1978, vide Order No. DMK/PSA/23, dated 30-1-1999 for a period of 16 months. This order of detention is challenged on number of grounds including non-supply of detention order, grounds of detention and the material and documents, referred to as the basis of the detention.
(2.) Non-compliance with procedural safeguards envisaged by the Public Safety Act, vagueness of the grounds of detention and failure to record the 'compelling reasons' for ordering simultaneous detention under the Public Safety Act at a time when the detenu was already in custody in the said regular case, are other grounds pleaded to challenge the order of detention.
(3.) The detaining authority has filed counter and asserted that the detention order has been passed on application of mind. The grounds and other material was supplied to the detenu. The detenu was provided an opportunity to project his case before the Advisory Board, which he did. The material relating to the substantive offences/regular case referred to above, was handed over along with grounds and other documents to detenu on 8-2-1999, when the order of detention was executed. The procedural and other safeguards mandated by law have been complied with.;
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