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2022 Supreme(J&K) 240

ALI MOHAMMAD MAGREY, PUNEET GUPTA
Muzamil Ahmad Dar – Appellant
Versus
UT of J&K – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Syed Faheem Andrabi, Advocate
For the Respondent(s): Mr. Asif Maqbool, Dy AG

JUDGMENT

1. The present appeal has been preferred by the detenu, Muzamil Ahmad Dar, through his father, Ab. Rashid Dar, against the judgment dated 16.02.2022, delivered by a Single Bench of this Court in WP Crl No. 267/2021 in which the detention order No. 87/DMS/PSA/2021 dated 18.10.2021, issued by the District Magistrate, Shopian, was challenged. By virtue of the said detention order, the appellant/detenu was placed under preventive detention in exercise of powers under Section 8 of the J&K Public Safety Act, 1978. The said appellant/detenu was ordered to be lodged at District Jail, Rajouri.

2. In the dossier it is alleged that the detenu came into contact with the militants and used to work as OGW of Let/TRF outfits and also motivated the youth of his area for indulging in anti-national and anti-social activities and he (detenu) is the key motivator always motivates the youth to indulge in militancy. It further reveals that the detenu is a hard core over ground worker (OGW) sympathizer and a promoter of TRF terrorist outfit in Valley.

3. The learned counsel for the appellant-detenu has raised primarily three issues before the court questioning the validity of the detention. The

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