MOHD. AKHTER NAIK Vs. STATE

JUDGEMENT

(1.) FATHER of Mohd Akhter Naik (to be referred as 'detenue') through the instant petition seeks quashment of the detention order No. DMR/PSA/07/03/265 -71 dated 09.07.2007 passed by District Magistrate, Ramban (respondent No.2) whereby detaining his son under Section 8 of the J&K Public Safety Act 1978 (for short 'the Act').

(2.) ADMITTED position is that when the detenue was detained under the Act on 09.07.2007, he was already in judicial confinement in case F.I.R. No. 44/2007 registered at Police Station Banihal under Sections 120 -B/ 121 -A RPC read with Sections 13 & 20 of the Unlawful Activities (Prevention) Act, in which he was arrested on 12.04.2007. Other admitted position is that his co -accused namely Farooq Ahmed Wani, who was also booked with him in the said F.I.R. and was subsequently detained under the Act on 03.08.2007, had challenged his detention order which stands quashed vide judgment dated 05.03.2008 (Annexure -C).

(3.) HEARD both the sides and record also perused.