SARAFRAZ AHMED Vs. STATE OF J&K & ANR.

JUDGEMENT

(1.) Challenge in this Habeas Corpus Petition is to the detention order dated 06.09.2010 passed by District Magistrate, Udhampur-respondent No. 1 in terms of provisions of the Public Safety Act, 1978 (for short PSA), whereby Sarafraz Ahmed-detenue came to be detained on the grounds taken in the petition (for short impugned order).

(2.) Respondents 1 and 2 have filed their counter. It appears that entire exercise made by the District magistrate, Udhampur-respondent No. 1 is without jurisdiction for the following reasons.

(3.) District Magistrate, Udhampur is empowered to exercise powers within its territorial jurisdiction, i.e., territorial limits of District, Udhampur. The impugned order appears to have been passed on the grounds which is subject matter of District Magistrate Reasi. It is apt to reproduce Para (F) out of the Counter filed by respondent No. 2 herein.