M. A. CHOWDHARY
Roshan Din – Appellant
Versus
UT of J&K – Respondent
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
Ab. Latif Abdul Wahab Sheikh v. B.K. Jha & Anr.
Banka Sneha Sheela vs. State of Telangana & Ors.
Chaju Ram v. State of Jammu & Kashmir
Raziya Umar Bakshi v. Union of India & Ors.” (AIR 1980 SC 1751)
Shiv Ratan Makim v. Union of India
Sophia Gulam Mohd. Bham v. State of Maharashtra & Ors. (AIR 1999 SC 3051)
Sama Aruna v. State of Telangana & Anr.” reported as (2018) 12 SCC 150
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