GHULAM NABI ZAKI versus STATE OF JAMMU AND KASHMIR

GHULAM NABI ZAKI versus STATE OF JAMMU AND KASHMIR

A second detention order under s.14(2) of the Act cannot be passed without there being additional or fresh material in the hands of the detaining authority; detention of the petitioner cannot be sustained as no such fresh facts were present.

Parties
Petitioner: Ghulam Nabi Zaki; Respondent: State of Jammu and Kashmir
Jurisdiction
India
Judgment Date
27 October 1969
Procedural Posture
Writ Petition Under Article 32 (habeas Corpus) / Supreme Court Original Jurisdiction
Outcome
Allowed; Detenu ordered to be released forthwith unless required in some other connection.
Legal Topics
Preventive Detention Orders, Revocation and Re Detention, Section 14(2) Jammu and Kashmir Preventive Detention Act, Article 32 Habeas Corpus
Constitutional Law Preventive Detention Preventive Detention Orders Revocation and Re Detention Section 14(2) Jammu and Kashmir Preventive Detention Act Article 32 Habeas Corpus

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Parties

Ghulam Nabi Zaki

Petitioner

State of Jammu and Kashmir

Respondent

Procedural Posture

Writ Petition Under Article 32 (habeas Corpus) / Supreme Court Original Jurisdiction

Legal Issues

  1. 1 Whether a second detention order under Section 14(2) of the Jammu & Kashmir Preventive Detention Act, 1964, can be passed without there being additional or fresh facts or material.

Ratio Decidendi

A second detention order under s.14(2) of the Act cannot be passed without there being additional or fresh material in the hands of the detaining authority; detention of the petitioner cannot be sustained as no such fresh facts were present.

Court Disposition

Allowed; Detenu ordered to be released forthwith unless required in some other connection.

Orders

  • Detention of petitioner is quashed; petitioner to be released forthwith unless required in some other connection.