SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2020 Supreme(J&K) 336

TASHI RABSTAN
Riyaz Ahmad Bhat – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner:Mr. Wajid Haseeb, Advocate
For the Respondents: Mr. Mir Suhail, GA

JUDGMENT

District Magistrate, Pulwama–respondent no. 2 here (for brevity ¯detaining authority ), has, by Order no. 120/DMP/PSA/19 dated 16.10.2019, placed Riyaz Ahmad Bhat S/o Gh. Nabi Bhat R/o Karimabad, Tehsil and District Pulwama (for short ¯detenu ) under preventive detention, with a view to prevent him from acting in any manner prejudicial to the security of the State. It is this order, of which petitioner is aggrieved and throws challenge thereto on the grounds tailored in petition on hand.

2. The case set up by the petitioner in instant petition is that detenu was arrested in the first week of October, detained illegally for several days and thereafter was implicated in FIR No. 22/2018 under Sections 307 RPC, 727 A. Act & 3/4 Exp. Subs Act and FIR No. 25/2018 under Sections 307 RPC, 7/27 Arms Act by the Police Station, Pulwama and thereafter was placed under preventive detention in terms of impugned detention order.

2.1. It is averred in petition that procedural safeguards under the Constitution of India and envisaged in terms of J&K Public Safety Act, have not been complied with by respondents while ordering detention of detenu.

2.2. It is contended that grounds of detention, o

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top