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2021 Supreme(J&K) 362

TASHI RABSTAN
Ajaz Ahmad Bhat – Appellant
Versus
Govt. of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner(s):Mr. Shafkat Nazir, Advocate
For the Respondent(s): Mr. Asifa Padroo, AAG

Judgment

1. District Magistrate, Baramulla – respondent no.2 herein (for succinctness “detaining authority”), has, by Order no.90/DMB/PSA/ 2020 dated 08.05.2020, placed Aijaz Ahmad Bhat son of Mohammad Subhan Bhat resident of Darpora, Goripora, Bomai, Sopore District Baramulla, under preventive detention, with a view to preventing him from acting in any manner prejudicial to the security of the State. It is this order, of which petitioner is aggrieved and throws challenge thereto on the grounds tailored in petition on hand.

2. The case set up in instant petition is that detenu has been in terms of impugned order of detention placed under preventive detention and lodged in District Jail, Kupwara.

2.1. It is stated in petition that detenu has been falsely implicated in FIR no.280/2019 under Section 20,23 ULA(P) Act, 7/25 IA Act of police station Sopore for ulterior motives and despite that, he has been placed under preventive detention. The detenu is said to have been initially lodged in District Jail Kupwara and thereafter shifted to District Jail Kathua in the month of August 2020.

2.2. It is averred that impugned order of detention has been passed at the behest of SSP Sopore and s

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