GH HASSAN DAR Vs. STATE OF J&K

JUDGEMENT

(1.) SUBJECT , Ghulam Hassan Dar son of Ghulam Rasool Dar, resident of Samboora Teh. Pampore District Pulwama, through his son, Khursheed Ahmad Dar, seeks to quash the detention order bearing No. 42/DMP/PSA/04 dated 22.11.2004 passed by respondent No.3 District Magistrate, Pulwama in exercise of powers in terms of Section 8 of Jammu & Kashmir Public Safety Act, 1978, whereby the detenue stands detained in detention for a period of twelve months and lodged in District Jail Kathua on various grounds taken in the memo of petition.

(2.) IT appears that SSP Awantipora had, vide communication No.CS/D -26/2004/4153 -55 dated 06.11.2004, made request to District Magistrate, Pulwama to detain the detenue Ghulam Hassan Dar. It appears that District Magistrate has directed the SSP, Awantipora to make re -verification. It is profitable to reproduce the contents contained in annexure -A herein; -

(3.) IN terms of annexure -C, i.e., impugned order, the detaining authority, District Magistrate, Pulwama had detained the detenue in terms of Public Safety Act vide order dated 22.11.2004. Thus impugned order suffers from non -application of mind. It is profitable to reproduce the impugned order herein; -