VARINDER GUPTA Vs. STATE OF J&K

JUDGEMENT

(1.) District Magistrate Jammu " respondent No.2 in Letters Patent Appeal on hand, vide Order No.01/PSA of 2012 dated 11th April 2012, ordered detention of appellant to prevent him from acting in any manner prejudicial to maintenance of public order. The order was passed in exercise of powers under Section 8(1)(a), J&K Public Safety Act, 1978,on consideration of dossier received from Senior Superintendent of Police, Jammu, on 7th April 2012.

(2.) The appellant avoided execution of detention order and respondent No.2 vide No.DMJ/PSA/131-36 dated 30thApril 2012, in exercise of powers under Section 12(b), J&K Public Safety Act, 1978, issued notice to appellant, requiring appellant to appear before him within 30 days from the date of receipt of order.

(3.) Before any further action would be taken by respondent No.2 to ensure execution of detention order, appellant filed writ petition, being OWP No.729/2012, before this Court. The Writ Court on 24th July 2012, passed ad-interim order, directing respondents not to detain appellant and also stayed operation of process for attachment of appellant's property.