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2022 Supreme(J&K) 614

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


Advocates appeared:
Mr. B. A. Tak, Advocate, for the Appellant; Mr. Ilyas Nazir Laway, Advocate, for the Respondent

JUDGMENT

1. By the medium of instant petition, the petitioner has challenged the legality and veracity of the order No.20/DMB/PSA of 2021 dated 16.12.2021, issued by District Magistrate, Bandipora- respondent No.2 herein, in terms whereof, Tawqeer Ahmad Sheergojree S/o Abdul Ahad Sheergojree R/o Naaz Colony, Bandipora (hereinafter referred to as the detenue), has been ordered to be taken into preventive custody and lodged in Central Jail, Jammu (Kotbhalwal).

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 that 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, non-existent on which no prudent man can make a representation against such allegations. It has been further contended that the Constitutional procedural 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 suppli

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