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2020 Supreme(J&K) 369

ALI MOHAMMAD MAGREY
Waseem Ahmad Sheikh – Appellant
Versus
Govt. of J&K – Respondent


Advocates Appeared:
For the Petitioner(s):Mr. M.A. Bhat, Advocate
For the Respondent(s): Mr. M.A. Chasoo, AAG

Judgment

Ali Mohammad Magrey, J.—The detenu, Waseem Ahmad Sheikh son of Bashir Ahmad Sheikh resident of Allyalpora, District Shopian, through his father seeks quashment of detention order no36/DMS/PSA/2019 dated 10.08.2019 purporting to have been passed by District Magistrate Shopian, 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 detaining authority has not prepared the grounds of detention by itself, which is a pre-requisite for him before passing any detention order.

d) that the detaining authority has not applied its mind while passing the detention order.”

3. Notice was issued to respondents. They appeared through their learned counsel and filed

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