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2022 Supreme(J&K) 485

SANJAY DHAR
Azad Ahmad Shah Alias Dr. Faisal – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent


Advocates appeared:
G. N. Shaheen, Advocate, Faheem Nisar Shah, Advocate

JUDGMENT

Sanjay Dhar, J. - The petitioner, by the medium of instant petition, has challenged the legality and veracity of order No.41/DMA/PSA/DET/2022 dated 29.06.2022 issued by District Magistrate, Anantnag (for brevity 'Detaining Authority'), whereby he has been placed under preventive detention with a view to prevent him from acting in any manner prejudicial to the security of the State.

2. It has been contended by the petitioner that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the grounds of detention are vague, non-existent on 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 has not been provided to the petitioner. It has been further urged that there has been non-application of mind on the part of detaining authority while passing the impugned detention order which renders the impugned order unsustainable in the eyes of law.

3. The petition has been resisted by the respondents by filing a counter affidavit thereto. In their counter affidavit,

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