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2021 Supreme(J&K) 511

TASHI RABSTAN
Gaggu Din alias Gaggu – Appellant
Versus
Union Territory of J&K – Respondent


Advocate Appeared:
For the Petitioner:Mr. Karman S. Johal and Mr. Supreet Singh Johal, Advocates
For the Respondent: Mr. Aseem Sawhney, AAG

JUDGMENT :

Tashi Rabstan, J.-Impugned in this petition is Order No.PSA/08 dated 10.08.2021 issued by the District Magistrate, Kathua, respondent No.2 herein, whereby Gaggu Din alias Gaggu, petitioner herein (for brevity, detenu), has been placed under preventive detention so as to prevent him from acting in any manner prejudicial to the maintenance of the public order, peace and tranquility in the society as also for the safety of common citizens, particularly the younger generation of the district.

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 the status of FIRs, which have been made basis for issuing the detention order, have not been disc

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