GHULAM NABI MALIK Vs. STATE OF J&K

JUDGEMENT

(1.) CHALLENGE is to order No.DMS/PSA/144/2010 dated 08.02.2011, of District Magistrate, Srinagar respondent No.2 herein, whereby one Shri Ghulam Nabi Malik son of Abdul Ahad Malik resident of Shell Hall Handwara at present Barthana, Qamarwari, District Srinagar (herein after referred to as detenue) has been placed under preventive detention and his lodgment directed in Kot Bhalwal Jail Jammu. The petitioner is brother of detenue and thus interested in his life and liberty and competent to maintain the petition.

(2.) THE preventive detention of the detenue is questioned on the grounds that the respondents while detaining the detenue, have violated his Constitutional and Statutory rights guaranteed under Article 22(5), Constitution of India and Section 13, JandK Public Safety Act 1978.

(3.) VIEWED thus, the petition is allowed and detention order No. DMS/PSA/144/2010 dated 08.02.2011,, passed by the District Magistrate, Srinagar respondent No. 2, directing detention of Shri Ghulam Nabi Malik son of Abdul Ahad Malik resident of Shell Hall Handwara at present Barthana, Qamarwari, District Srinagar, quashed.