LAWS(J&K)-2005-4-28

AB AZIZ SHAH Vs. STATE

Decided On April 28, 2005
Ab Aziz Shah Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) SUBJECT Abdul Aziz Shah son of Abdul Khaliq Shah resident of Muqam Shah Wall. Drugmulla Kupwara through his cousin Abdul Ahad Shah seeks to quash the detention DMS/ PSA/10/04 dated 12.07.2004 passed by respondent No.2 District Magistrate, Srinagar 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 24 months and lodged in Kotebhalwal Jail, Jammu. The impugned detention order has been assailed on various grounds taken in the memo of petition.

(2.) THE respondents have filed reply counter affidavit and have resisted the petition.

(3.) MR . Qayoom argued that petitioner had made representation and same has not been considered by the respondents. The copy of the representation is annexure -C to the petition. The respondents have not denied the para -5 and para 6(d) of the petition. Mr. Qayoom drew the attention of this court to Section 15 of Jammu and Kashmir Public Safety Act and also referred a judgment of the Apex Court reported in AIR 1996 SC2998.