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2019 Supreme(J&K) 248

TASHI RABSTAN
Syed Imtiyaz Hyder – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner(s):Mr B. A. Tak, Advocate
For the Respondent(s): Mr Javed Iqbal, Sr. AAG

JUDGEMENT :

1. Impugned in this petition is the Order no.DMB/PSA/06 of 2019 dated 16.03.2019, passed by District Magistrate, Budgam (for brevity “detaining authority”) directing preventive detention of the person of Shri Syed Imtiyaz Hyder @ Hyder son of Late Syed Hyder Shah resident of Gojra, Budgam, (for short “detenu”), on the grounds tailored in petition on hand.

2. Respondent no.2 has filed counter affidavit in opposition to the petition and strenuously resisted the petition.

3. Heard learned counsel for the parties at length and considered the matter.

4. First and foremost, impugned detention order and grounds of detention make mention of material record such as dossier and other connecting documents relied upon by detaining authority while making impugned detention order. Detention order and grounds of detention also make reference to a communication received from Senior Superintendent of Police, Budgam. What detaining authority (respondent no.2) has stated in Ground (b) of counter affidavit filed in opposition to writ petition on hand, is worth to be noticed:

    “b. That whatever material was required to be furnished to the detenue, same stands furnished to him in the form of groun

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