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2023 Supreme(J&K) 78

WASIM SADIQ NARGAL
Farooq Ahmad Khan – Appellant
Versus
Union Territory of J. & K. – Respondent


Advocates Appeared:
For the Petitioner: S.R. Hussain.
For the Respondents: Ilyas Nazir Laway.

JUDGMENT :

1. Through the medium of the present writ petition, the petitioner is seeking quashment of the impugned detention order bearing no. 27/DMB/PSA of 2022 dated 25.06.2022 passed by the respondent no. 2 (District Magistrate, Bandipora), whereby the detenue, namely, Farooq Ahmad Khan has been placed in preventive detention under Section 8(1)(a) of the Jammu & Kashmir Public Safety Act, and detained the petitioner in Central Jail Kot Bhalwal, Jammu.

ARGUMENTS ON BEHALF OF THE PETITIONER

2. It is contented by learned counsel for the petitioner that the impugned detention order has been passed mechanically and without application of mind. It has been further contended that the grounds on which the detention order is based contained bald assertions and no specific allegations which could have been rebutted by the detenue to show that the grounds of detention are non-existing.

3. It is further pleaded by learned counsel appearing for the petitioner that the respondents have not provided him the chance of making an effective representation against the detention order which strikes at the root of fundamental rights guaranteed to the detenue. It is contended by learned counsel for the p

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