G M SHAH Vs. STATE OF JAMMU AND KASHMIR
LAWS(SC)-1979-10-10
SUPREME COURT OF INDIA (FROM: JAMMU & KASHMIR)
Decided on October 30,1979

G.M.SHAH Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

Venkataramiah, J. - (1.) At the conclusion of the hearing of the above petition on October 24, 1979, we made the following order:-"The detenu Shabir Ahmed Shah who has been detained by the order dated the 23rd May, 1979 of the District Magistrate, Anantnag is directed to be released forthwith. Reasons would follow."
(2.) The reasons in support of the above orders are given below:-
(3.) The above petition under Art. 32 of the Constitution is filed by the petitioner requesting this Court to quash the order of detention bearing No. 299-304/ST dated May 23, 1979 passed by the District Magistrate, Anantnag in the State of Jammu and Kashmir under Section 8 (2) of the Jammu and Kashmir Public Safety Act, 1978 (Act No. VI of 1978) (hereinafter referred to as 'the Act') directing the detention of his (Petitioner's) son, Shabir Ahmed Shah (hereinafter referred to as 'the detenu'). The relevant part of the order of detention reads: "Whereas I, Omar Jan, District Magistrate, Anantnag, am satisfied that with a view to preventing Shri Shabir Ahmed Shah s/o Ghulam Mohammad Shah r/o Kadipora, Anantnag, from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do; Now, therefore, in exercise of the powers conferred by Section 8 (2) of the Jammu and Kashmir Public Safety act, 1978 (Act No. VI of 1978) I, Omar Jan, District Magistrate, Anantnag hereby direct that the said Shri Shabir Ahmed Shah be detained in Central Jail, Srinagar. Sd/- (Omar Jan) District Magistrate, Anantnag.";


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