SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(J&K) 6

M. A. CHOWDHARY
Roshan Din – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.K. Bhardwaj; Gagan Kohli
For the Respondent: Dewakar Sharma

JUDGMENT :

1. District Magistrate, Kathua (hereinafter called 'Detaining Authority') in exercise of powers under section 8 (1)(a)(i) of the Jammu & Kashmir Public Safety Act, 1978 (for short, 'Act of 1978'), passed the detention Order No. DMK/JC/2022-23/547-52 Dated 28.05.2022 (for short 'impugned order'), in terms whereof the detenue namely Roshan Din S/O Feroz Dion R/O Spral Pain Tehsil Marheen, District Kathua (for short 'detenue') has been detained.

2. The impugned detention order has been challenged through the medium of the instant petition, being in breach of the provisions of Article 22(5) of the Constitution of India read with Section 13 of the J&K Public Safety Act, 1978.

3. It is being pleaded in the petition that the detaining authority-respondent No. 2 has not attributed any specific allegation against the detenue. Furthermore, it is stated that the detenue has been incapacitated in filing are presentation as the grounds of detention are not in a language which could be understood by the detenue. It is also being stated that the neither the petitioner is threat to the public order nor he has committed any such crime which has disturbed the society at large. It is also bei

              Click Here to Read the rest of this document
              1
              2
              3
              4
              5
              6
              7
              8
              9
              10
              11
              SupremeToday Portrait Ad
              supreme today icon
              logo-black

              An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

              Please visit our Training & Support
              Center or Contact Us for assistance

              qr

              Scan Me!

              India’s Legal research and Law Firm App, Download now!

              For Daily Legal Updates, Join us on :

              whatsapp-icon telegram-icon
              whatsapp-icon Back to top