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2022 Supreme(J&K) 20

SANJAY DHAR
Mohammad Aslam Sheikh – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Wajid Haseeb.
For the Respondents: Mr. Usman Gani, Mr. Irfan Andleeb.

JUDGMENT :

SANJAY DHAR, J.

1. By the medium of this petition, veracity and validity of the order of detention bearing No. DMB/PSA/20 of 2020 dated 11.11.2020, issued by District Magistrate, Budgam (for brevity “Detaining Authority”) has been assailed. In terms of the impugned order, Shri Mohammad Aslam Sheikh son of Abdul Salam Sheikh resident of Gudpora Yarikah Khansahib, Budgam, has been placed under preventive detention and lodged in District Jail, Amphala J&K, Jammu.

2. Petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind. It has been further contended that the Constitutional and Statutory procedural safeguards have not been complied with in the instant case. It has also been 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. Petitioner has gone to contend that he has not been informed as to before which authority he had to make a representation.

3. The respondents, in their counter affidavit, have disputed the averments made i

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