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2021 Supreme(J&K) 355

VINOD CHATTERJI KOUL
Ayaz Bashir Shergojri – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Hamza Prince, Advocate
For the Respondent: Mr. Mir Suhail, AAG

JUDGMENT :

1. The order no.41/DMP/PSA of 2020 dated 24.11.2020, passed by District Magistrate, Pulwama (for brevity “detaining authority”), placing one, Ayaaz Bashir Shergojri S/o Bashir Ahmad Shergojri R/o Marwal Tehsil Kakapora, District Pulwama (for short “detenu”) under preventive detention so as to prevent him from acting in any manner prejudicial to the security of the State and directing his lodgment in Central Jail, Jammu (Kot-bhalwal), has been challenged in this petition precisely on the following grounds :

    (i) that detenu was detained illegally and unlawfully and he was not informed of any reasons of same and neither was communicated the grounds of detention, and the material considered in framing the grounds of detention have not been supplied to detenu and, therefore, the procedural safeguards provided under Article 22 of the Constitution of India and Section 13 of J&K Public Safety Act, have been blatantly violated;

(ii) that detention order itself depicts non-application of mind and the detaining authority has relied upon an incident of 22.06.2019 for which an FIR no.40/2019 was lodged. The said FIR is against one Aijaz Ahmad Bhat, who has allegedly joined militancy and

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