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2022 Supreme(J&K) 17

TASHI RABSTAN
Muzamil Ahmad Dar – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Syed Faheem Andrabi.
For the Respondent: Mr. Asif Maqbool.

JUDGMENT :

TASHI RABSTAN, J.

1. District Magistrate, Shopian-respondent No. 2 (for brevity “detaining authority”) has by Order No. 87/DMS/PSA/2021 dated 18.10.2021 placed Muzamil Ahmad Dar S/o A.B Rasheed Dar R/o Ray-Kaprin, Shopian (for short “detenue”) under preventive detention, with a view to prevent him from acting in any manner prejudicial to the security of the State. It is this order, petitioner has challenged in this petition and seeks quashment thereof on grounds averred therein.

2. Counter affidavit has been filed by the respondents in opposition to the petition. Detention record has also been produced by counsel for the respondents to substantiate the statements made in counter affidavit.

3. Heard learned counsel for the parties and considered the matter.

4. Learned counsel for the petitioner has, to augment the case set up by the petitioner in the petition on hand contended that the procedural safeguards, envisaged under the Constitution of India in terms of the Jammu and Kashmir Public Safety Act have not been complied with while issuing the impugned detention order. It is further contended that the grounds of detention are vague, equivocal, obscure, indefinite, ambiguous

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