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2019 Supreme(J&K) 378

ALI MOHAMMAD MAGREY
Tariq Ahmad Malik – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner:Petitioner present in person
For the Respondent: Mr. N.H. Shah, Sr. AAG.

JUDGMENT :

1. Challenge in this petition is thrown to Order No. 75/DMA/PSA/DET/18 dated 02.03.2019, passed by the District Magistrate, Anantnag– respondent No.2 herein (for short “detaining authority”) placing under preventive detention Tariq Ahmad Malik S/o Nazir Ahmad Malik R/o Danwathpora Kokernag, District Anantnag (for short the “detenu”) with a view to preventing him from acting in any manner prejudicial to the security of the State and has been lodged in District Jail Kathua.

2. The detenu, through his father, challenges the aforesaid detention order through the medium of aforesaid petition, inter alia, on the grounds that the order of detention suffers from non-application of mind;

    “(a)that no compelling reason or circumstance was disclosed in the order or grounds of detention to take the detenu in preventive detention, moreso in view of the fact that as on the date of passing of the aforesaid order of detention, the detenu was already implicated in 27/2014 and 31/2018.

(b)that there is total non application of mind while passing the detention order without reflecting any plausible ground.

(c)that the detenu has not been provided the material forming basis of the detention order

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