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2011 Supreme(J&K) 52

MOHAMMAD YAQOOB MIR
Mohammad Yousuf Khan – Appellant
Versus
State & Ors. – Respondent


Advocates Appeared:
Mr.Mir Shafaqat Hussain for the Petitioner., Ms.Nusrat Razak, GA for the Respondent.

1. Activities of the detenue have been noticed to be highly prejudicial to the maintenance of public order constraining the Detaining Authority to pass the order of detention bearing No. DMB/PSA/192 dated 01.08.2010. Aggrieved thereof, instant petition has been filed.

2. The activities of the detenue relatable to the stone pelting allegedly have been so fierce and criminal which have caused much damage not only to the property but to the peace, in addition have been causing injuries to the police and security persons, shutting down of the shops and damaging vehicles. The registra­tion of as many as five cases constrained the Detaining Authority to pass preventive order so as to deter the detenue from such violent activities.

3. Heard the learned counsel for the parties.

4. Learned counsel for the petitioner contended that the detenue allegedly being involved in cases registered as FIR Nos.253, 261, 289, 299 and 302 of 2010 registered in Police Station, Budgam was never apprehended nor detenue had applied for bail, therefore, detention was not required, otherwise compelling rea­sons were to be recorded for so doing.

5. This contention of the learned counsel is to be rejected as rightly










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