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2022 Supreme(J&K) 269

MOKSHA KHAJURIA KAZMI
Shabir Ahmad Najar – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: B.A. Tak.
For the Respondent: Asif Maqbool.

JUDGMENT :

MOKSHA KHAJURIA KAZMI, J.

1. Impugned is the Order No. 03/DMP/PSA/2022 dated 03.03.2022, having been passed by District Magistrate, Pulwama (for brevity “Detaining Authority”) thereby placing under preventive detention one Shabir Ahmad Najar son of Ghulam Ahmad Najar resident of Wuyan Khrew Tehsil Pampore, District Pulwama, (for short “detenue”) with a view to preventing him from acting in any manner prejudicial to the maintenance of public order and lodging him in Central Jail, Kotbhalwal, Jammu, on the grounds tailored in petition on hand.

2. The case set up in petition is that detenue was arrested on 07.08.2021, by Police Station, Khrew and was falsely booked in case FIR No. 52/2021 under Section 18, 20 and 38 ULAP Act stands registered in Police Station Khrew. During the continuation of arrest of the detenue, he was taken into preventive detention vide impugned detention order. It is urged that the statutory procedural safeguards as provided under Article 22(5) of the Constitution of India has not been followed by the Detaining Authority; the detenue has been falsely implicated in case FIR No. 52/2021 under Section 18, 20 and 38 ULAP Act and the relevant material with r

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