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2021 Supreme(J&K) 176

ALI MOHAMMAD MAGREY
Shaheen Ahmad Parray – Appellant
Versus
Union Territory of JK – Respondent


Advocates Appeared:
For the Petitioner:Mr. Syed Sajad Geelani, Advocate.
For the Respondent: Mr. Asif Maqbool, Dy.AG.

JUDGMENT :

1. By the present habeas corpus petition, the detenue through his father Ghulam Mohammad Parray, has challenged the detention Order No.24/DMS/PSA/2019 dated 10.08.2019, for short impugned order, issued by the District Magistrate, Shopian, whereby the detenue, namely Shaheen Ahmad Parray S/o Ghulam Mohammad Parray R/o Shangpora, Zainapora, District Shopian, has been detained under the provisions of the Jammu and Kashmir Public Safety Act, 1978, for short Act.

2. Briefly stated the case of the petitioner is that the detenue was arrested by the Police Station Zainapora, in case FIR no. 53/2016 & 54/2016 allegedly for the commission of offences punishable in terms of Section 13 ULA (P) Act without any rhyme; reason or justification. The District Magistrate, Shopian, detained him in the preventive custody under the provisions of J&K Public Safety Act, 1978, in terms of the impugned order and lodged him in Central Jail, Srinagar, when the petitioner was in custody having been arrested on 4th August, 2019.

3. The challenge to the impugned order is inter alia made on the grounds that, the allegations against the detenue are false and have been fabricated by the police to justify th

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