LAWS(J&K)-2010-2-35

GH. NABI SUMJI Vs. STATE

Decided On February 03, 2010
Gh. Nabi Sumji Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Impugned is the third detention order bearing No. DMS/PSA/52/2009 dated 14.11.2009 passed under the provisions of the Jammu and Kashmir Public Safety Act.

(2.) The first detention order dated 30.10.2008 has been revoked by the Detaining Authority itself. Thereafter vide detention order dated 11.6.2009, the detenue was detained. Said detention order became the subject matter of the petition bearing HCP No. 117/2009. Same has been quashed vide judgment dated 14.9.2009 but again detenue has been detained pursuant to the detention order under challenge.

(3.) Learned Counsel for the Petitioner would contend that without any material different to that of the material based on which detention order dated 11.6.2009 was passed, the impugned detention order has been passed when the earlier detention order passed on the same material was quashed.