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2021 Supreme(J&K) 52

SANJEEV KUMAR
Abdul Qadoos Rather – Appellant
Versus
Union Territory of J. K. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sheikh Manzoor.
For the Respondent: Mr. Sajad Ashraf.

JUDGMENT :

SANJEEV KUMAR, J.

1. Impugned in this petition is order of detention of the petitioner issued by District Magistrate, Kupwara (the detaining authority) vide its Order No. 59-DMK/PSA of 2019 dated 22nd November 2019 whereby the petitioner has been taken into preventive custody with a view to prevent him from acting in any manner prejudicial to the security of the State. Impugned order is stated to have been executed on 23rd November 2019.

2. Before adverting to the grounds of challenge taken by the petitioner to assail his detention, it is necessary to briefly state the factual background leading to the issuance of impugned order of detention.

3. Superintendent of Police Handwara vide his Communication No. Pross/Dossier/2019/ 6573-76 dated 5th November 2019 placed the detail of activities in respect of petitioner before the detaining authority and recommended his detention under the provisions of Jammu and Kashmir Public Safety Act. Along-with the dossier, the SP concerned also produced copy of FIR 87/2019 and a statement of witnesses recorded therein. As per the dossier, the petitioner was stated to be an active member of an unlawful terrorist organization known by the name

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