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2020 Supreme(J&K) 15

SANJEEV KUMAR
Serhan Abass Sheikh – Appellant
Versus
State – Respondent


Advocates Appeared:
I.H. Bhat, Advocate, Amit Gupta, Advocate, Vishal Bharti, Advocate

JUDGMENT

Sanjeev Kumar, J. - Impugned in this petition is an order of detention issued by the District Magistrate, Kishtwar (for short "detaining authority") bearing No. 202/DM/K of 2019 dated 31.05.2019 whereby the petitioner has been detained under Section 8(2) of the J&K Public Safety Act,1978 ( for short "PSA").

2. Before adverting to the grounds of challenge urged in this petition, it would be necessary to take note of the factual antecedents which have led to the passing of the detention order by the detaining authority. As is gatherable from the record, pursuant to the dossier of the activities of the petitioner supplied by Sr. Superintendent of Police Kishtwar vide his No.Conf/Detention/05/7651-54/C dated 30.05.2019, the detaining authority, after taking note of the activities the petitioner had been indulging in, arrived at the satisfaction that the substantive law had failed to desist the petitioner from carrying out his activities which are prejudicial to the security of the State and, therefore, it was necessary to keep the petitioner under preventive detention.

3. In the grounds of detention, the detaining authority noted that during the year 2018, the petitioner had es

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