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2022 Supreme(J&K) 304

SINDHU SHARMA
Junaid Haroon Rashid Rather – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Syed Faheem Indrabi
For the Respondent: Ilyas Laway

JUDGMENT :

1. The present Habeas Corpus Petition has been filed by the detenu-Junaid Haroon Rashid Rather, S/o Haroon Rashid Rather, R/o Vehil Shopian, Tehsil & District Shopian through his father Haroon Rashid Rather, challenging his order of detention No. 89/DMS/PSA/2021, dated 18.10.2021, passed by the District Magistrate, Shopian, detaining him under the provisions of Jammu and Kashmir Public Safety Act, 1978, with a view to prevent him from acting in any manner which is prejudicial to the security of the State.

2. The petitioner seeks quashing of the order of detention on the grounds that; (i) the procedural safeguards provided to him under the Constitution of India and in terms of J&K Public Safety Act, have not been complied with by the Detaining Authority. (ii) the grounds on which the Detaining Authority has derived its satisfaction are vague, obscure, ambiguous and are not connected with the detenue and, as such, no effective representation can be made against these allegations, therefore, this detention bad. (iii) the detenue had moved are presentation, immediately after his detention but the same has not been considered and this has resulted in infraction of the rights gu

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