MOHAMAD RAFIQ RATHER Vs. STATE

JUDGEMENT

(1.) THE District Magistrate Srinagar passed the following detention order under Section 8 of Public Safety, Act vide his No. DMS/PSA/18 Dated 24.4.2002:

(2.) THE detenu was already in the custody as had been arrested on 1st of March 2002 alongwith his associates and arms and ammunition were recovered from him, in connection with which FIR 21/2000 was registered with the police station Sherigari. The detention order aforesaid was approved by the Government on 3rd of May 2002 and detenu was taken into preventive custody on 29th of April 2002. The detention order and the detention of the detenu is the subject -matter of challenge in this Habeas Corpus petition. LC for the petitioner Mr. Shaheen has challenged the detention order on various grounds which are being dealt with here under.

(3.) IN another case Amrit Lal and Ors. v. Union of India, (2001) 1 SCC 341 their Lordships of the Supreme Court observed: