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2022 Supreme(J&K) 531

MOKSHA KHAJURIA KAZMI
Niyaz Ahmad Wani – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent


Advocates appeared:
Mr. S. M. Ayoub, Advocate., for the Appellant; Mr. Asif Maqbool., Dy. AG., for the Respondent

JUDGMENT

1. Petitioner, through his daughter, Ansab Niyaz, has assailed his detention order passed by the District Magistrate, Pulwama (the detaining authority) vide Order No. 38/DMP/PSA/22 dated 19.05.2022 (the impugned order), whereby the petitioner-Niyaz Ahmad Wani S/O Ab. Aziz Wani R/O New Colony, Pulwama ('the detenue') has been put under preventive detention with a view to prevent him from acting in any manner prejudicial to the maintenance of the public order.

2. Before adverting to the grounds of challenge, it is necessary to notice the material facts on the basis of which the detaining authority has derived its subjective satisfaction for placing the detenue under the preventive detention.

3. The grounds of detention which has been made basis by the detaianig authority for the preventive detention of the detenue is the Police report dated 18.05.2022, reveals that the detenue is involved in motivating and provoking the innocent youth, young and tender-aged boys for resorting to anti-social activities and that he is an active member of the gang 'TRATH GOLA' which is headed by Abdul Hamid Dar R/O Tujan Pulwama along with some other associates and is active in many Districts of t

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