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2022 Supreme(J&K) 447

SANJAY DHAR
Zubair Ahmad – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent


Advocates appeared:
Owais Shafi, Advocate, Sajad Ashraf, Advocate

JUDGMENT

Sanjay Dhar, J. - By the instant petition, veracity and legality of the detention order No.DMS/PSA/71/2021 dated 20.10.2021, issued by District Magistrate, Srinagar (for brevity 'detaining authority') has been challenged. In terms of the aforesaid order, Shri Zubair Ahmad @ Raj Koutar son of Ghulam Nabi Bhat resident of Shaheen Mohalla Noorbagh Srinagar (for short 'detenue') has been placed under preventive detention and lodged in District Jail, Baramulla.

2. The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the allegations mentioned in the grounds of detention have no nexus with the detenue and the same have been fabricated by the police in order to justify its illegal action of detaining the detenue. It has been contended that the grounds of detention are vague, on the basis of which no prudent man can make a representation against such allegations. It has been further contended that the statutory safeguards have not been complied with in the instant case, inasmuch as whole of the material which formed basis of the impugned detention order has not been supplied to the peti

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