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2022 Supreme(J&K) 22

TASHI RABSTAN
Javed Ahmad Bhat – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. R.A. Jan, Mr. Aswad Attar, Mr. Hamza Prince.
For the Respondent: Mr. Asif Maqbool.

JUDGMENT :

TASHI RABSTAN, J.

1. Impugned in this petition is Order No. 13/DMP/PSA/21 dated 04.03.2021 issued by the District Magistrate, Pulwama, respondent No. 2 herein, whereby Javaid Ahmad Bhat, petitioner herein (for brevity, detenu), has been placed under preventive detention under the Jammu and Kashmir Public Safety Act so as to prevent him from acting in any manner prejudicial to the security of the State.

2. The case as set up by the petitioner-detenu is that respondent No. 2 while slapping preventive detention of detenu has not adhered to the constitutional safeguards available to him under the Constitution of India as well as the J&K Public Safety Act, 1978. It is contended that the detaining authority has issued the detention order without application of mind, arbitrarily and misusing the power vested with respondent No. 2, thus deprived the petitioner of his fundamental right to life and liberty guaranteed to him under Article 21 of the Constitution of India. Further, it is contended that he had never been involved in any subversive or unlawful activities which would cause prejudice to the security of the State. It is contended that neither the grounds of detention nor any

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