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2021 Supreme(J&K) 324

SANJAY DHAR
Bilal Ahmad Wani – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. G.N. Shaheen.
For the Respondent: Mr. Sheikh Feroz.

JUDGMENT :

SANJAY DHAR, J.

1. Challenge in this petition is thrown to the Order No. 12/DMP/PSA/21 dated 05.02.2021, issued by District Magistrate, Pulwama (for brevity “Detaining Authority”) whereby Shri Bilal Ahmad Wani S/o Late Ab. Gani Wani resident of Karimabad Tehsil and District Pulwama (for short “detenu”) has been placed under preventive detention and directed to be lodged in Central Jail, Srinagar.

2. Petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the grounds of detention are mere reproduction of the dossier. It has been further contended that the Constitutional and Statutory procedural safeguards have not been complied with in the instant case. It has been also urged that the allegations made against the detenue in the grounds of detention are vague and that the translated version of the documents/grounds of detention has not been provided to the detenue who is a semi-literate person. It has also been contended that the petitioner has not been informed as to before which authority he had to make a representation.

3. The respondents, in their counter affidavit, have disputed th

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