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2022 Supreme(J&K) 27

TASHI RABSTAN
Umar Nawaz Khan – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. N.A. Ronga, Advocate
For the Respondent: Mr. Sajad Ashraf, GA

JUDGMENT :

1. District Magistrate, Srinagar-respondent No. 2 (for brevity “detaining authority”), has, by Order No. DMS/PSA/56/2021 dated 18.10.2021 placed ShriUmar Nawaz Khan Alias Gori S/o Shahnawaz KhanR/o Zaindar Mohalla, Srinagar (for short “detenue”) under preventive detention, with a view to prevent him from acting in any manner prejudicial to the maintenance of 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 allegations leveled against the detenue in the grounds of detention are baseless, concocted, false and manipulated. It is further contended that at the behest of his business rivals the detenue was booked in a number of criminal cases registered in the year 2010, 2012 and 2016

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