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2020 Supreme(J&K) 4

ALI MOHAMMAD MAGREY
Mushtaq Ahmad Wani – Appellant
Versus
State Of J&K – Respondent


Advocates Appeared:
B.A. Tak, Advocate

JUDGMENT

Ali Mohammad Magrey, J. - The detenu, Mushtaq Ahmad Wani son of Gh. Nabi Wani resident of Kurag Ganderbal, District Ganderbal, through his cousin brother seeks quashment of detention order no. 77-DMG-PSA-2019 dated 09.08.2019, purporting to have been passed by District Magistrate Ganderbal, with consequent prayer for release of the detenu forthwith.

2. The petitioner-detenu has challenged the order of detention on the following grounds:

    "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 in custody;

      b) that the detenu has not been provided the material forming basis of the detention order, to make an effective representation against his detention order;

        c) that the detenu has not been informed that he can make a representation against his detention order nor the respondents disclosed to him before which authority of Government the detenu can make the representation.

          d) that the detention order has been passed in violation of the constitutional safeguards as provided in A

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