NAZIR AHMAD MALLA Vs. STATE

JUDGEMENT

(1.) PETITIONER - detenue, Nazir Ahmad Malta S/o Mohd. Abdullah Malta R/o Rajpora Palhallan, Rattan seeks to quash detention order no DMK/ PSA/54 of 2001 dated 6.7.2002, passed by the District Magistrate, Magistrate Baramulla, in exercise of powers under section 8 of the Jammu and Kashimar Public safety act, 1978 (hereinafter to be referred to as " the act) directing preventive detention of the detune which subsequently has been confirmed by the respondent Government for 24 months, detention of the detune which subsequently has been confirmed by the respondent Government for 24 months.

(2.) THE detention order has been challenged on various grounds including that the District Magistrate has illegally exercised the power and jurisdiction to detain the detenu could have been proceeded under the substantive panel law. It is also one of the grounds that detenue was already in the custody of the respondents and despite that preventive detention of the detenue has been directed vide impugned order without showing the compelling reasons by the Detaining authority.

(3.) RESPONDENT have filed the Counter Affidavit controverted the grounds taken in the memorandum of the petition.