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2021 Supreme(J&K) 270

Mohammad Asif Raina – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Syed Faheem Indrabi.
For the Respondent: Ms. Asifa Padroo.

JUDGMENT :

ALI MOHAMMAD MAGREY, J.

1. Detenu, Mohd Asif Raina son of Kaleemullah R/o Arreh, District Kulgam through his cousin seeks quashment of detention order no. 32/DMK/PSA/2019 dated 22.07.2019 purporting to have been passed by District Magistrate, Kulgam, 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 impugned order has been passed without proper application of mind.

(d) that the detention order was not provided to the detenu within the statutory period.”

3. Notice was issued to respondents. They appeared through their learned counsel and filed counter affidavit wherein they submitted that the detention order is well founded in fact and law and seek

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