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2021 Supreme(J&K) 351

VINOD CHATTERJI KOUL
Umar Fayaz Mir – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. T. H. Khawaja, Advocate
For the Respondent: Mr. Hakim Aman Ali, Dy. AG

JUDGEMENT :

1. The Order No.02/DMB/PSA of 2021 dated 08.01.2021, issued by District Magistrate, Bandipora, placing detenu, namely, Umar Fayaz Mir S/o Fayaz Ahmad Mir R/o Nadihal Mir Mohalla Tehsil and District Bandipora, under preventive detention in terms of J&K Public Safety Act, so as to prevent him from acting in any manner prejudicial to maintenance of public order and directing his lodgment in Central Jail, Srinagar, has been challenged in this petition through his father, on the following grounds:

    (i) that impugned detention of detenu is manifestly fraud on his rights of detenu as having been passed in flagrant violation of rights guaranteed to him by Article 21 and 22 of the Constitution of India and in utter disregard to provisions of J&K Public Safety Act, 1978.

(ii) that grounds of detention on the basis whereof detenu has been detained are vague, cryptic, indefinite and lack specific character and under such circumstances no representation could be filed by detenu against order of detention.

(iii) that order of detention or the record does not disclose compelling reasons, which are supposed to be based on material on record, prompting detaining authority to pass detention o

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