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2022 Supreme(J&K) 589

RAJNESH OSWAL
Salman Saleem Mir – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent


Advocates appeared:
Mr. Azhar Usman Khan, Advocate, for the Appellant; Mr. Eishan Dadhichi, GA, for the Respondent

JUDGMENT

1. The present petition has been filed by the petitioner through his father for quashing the detention order No. 01/DM/K/PSA of 2021 dated 24.11.2021 issued by the respondent No. 2 under the Jammu and Kashmir Public Safety Act, 1978 (for short the Act) on the following grounds:

    (a) that the detaining authority while passing the detention order has not supplied to the petitioner the sufficient material i.e. statement of the witnesses recorded under section 161 Cr.P.C, list of the witnesses, statements made before Judicial Magistrate and other relevant material relied upon by respondent Nos. 2 and 3.

    (b) that the respondent No. 2 while passing the order of detention has not considered the important fact that the petitioner has already been bailed out by the competent court and has not committed any crime, which is heinous in nature.

    (c) That the grounds of detention in the dossier submitted by respondent No. 3 has been simply reproduced and there is no subjective satisfaction arrived at on the part of the respondent No. 2 that the detention of the petitioner is necessary.

    2. Though the respondent Nos. 2 and 3 have filed the counter affidavits separately, but the counter affidavit

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