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2022 Supreme(J&K) 538

VINOD CHATTERJI KOUL
Faizan Akhter Bhat – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent


Advocates appeared:
Mr. Wajid Haseeb, Advocate, for the Appellant; Mr. Sajjad Ashraf, GA, for the Respondent

JUDGMENT

1. In this petition, the order of detention, bearing no.DMS/PSA/43/2022 dated 15.04.2022, passed by District Magistrate, Srinagar (respondent no.2), placing Faizan Akther Bhat S/o Akther Hussain Bhat resident of Gousia Colony Khanyar, Srinagar, (for short 'detenu') under preventive detention and directing his lodgement in Central Jail, Kotbhalwal, Jammu, is sought to be quashed on the grounds made mention of therein.

2. The case set up by petitioner in the petition is that detenu was arrested by the Police in the year 2021 and was taken to Police Station Khanyar, where he was detained illegally and thereafter detained under Public Safety Act vide order dated 15.04.2021. The detenu has already been admitted to bail in case FIR No. 38/2020 which fact has not been reflected in the grounds of detention which shows non-application of mind on part of detaining authority.

3. It is also stated that detaining authority while passing impugned detention order has mentioned that detenu is being placed under preventive detention as his activities are prejudicial to the maintenance of public order whereas in the grounds of detention, it is mentioned that the activities of the detenu are hi

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