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2018 Supreme(J&K) 104

JANAK RAJ KOTWAL
Dilbagh Singh – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rajneesh Oswal, Adv.
For the Respondents: Mr. S.S. Nanda, Sr. AAG

JUDGMENT :

1. Impugned in this petition is order No. 05 of PSA 2017 dated 07.06.2017 passed by the District Magistrate, Jammu, herein respondent No. 2, whereby the petitioner, Dilbag Singh S/O Janak Singh R/O W. No. 4, Simbal Camp, Jammu, has been taken in preventive detention under section 8(1)(a) of the Jammu and Kashmir Public Safety Act, 1978 (for short the Act) in order to deter him from indulging in activities prejudicial to the maintenance of public order.

2. Heard learned counsel for the parties. I have perused the record.

3. One of the grounds of challenge to the impugned order is that the petitioner has been illegally detained as he had earlier been similarly detained by virtue of Order No. 09/PSA of 2016 dated 15.07.2016, which was quashed by this Court vide judgment dated 23.03.2017 in HCP No. 04/2017 filed by the petitioner.

4. Learned counsel for the petitioner submitted that the impugned order of detention has been passed on the grounds, which are exactly the same on which earlier order of detention dated 15.07.2016 was passed, which was quashed by this Court vide



























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