SYED KHALID GEELANI Vs. STATE

JUDGEMENT

(1.) DETENU Syed Khalid Geelani S/o Syed Mohammed Shafi R/o Bowan Rajwar Handwara, Kupwara through his father seeks to quash the detention Order No. 28/DMK/PSA of 2004 dated 19.1.2004 passed by District Magistrate, Kupwara in exercise of powers Under Section 8 of the J&K; Public Safety Act, 1978 (hereinafter called 'Act') directing preventive detention of the detenu.

(2.) DETENTION order has been challenged on various grounds including the ground that the detaining authority has without jurisdiction directed preventive detention under challange. The detention of the detenu has been passed on the ground that ordinary law of the land is not enough as a corrective measure to prevent the detenu from the activities prejudicial to the Security of the State. The detention order is not sustainable as the court has already settled this question that the detaining authority has the jurisdiction to direct preventive detention of the detenu, on the ground stipulated hi Section 8 of the Public Safety Act.

(3.) HEARD Learned counsel for the parties and perused the record.