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2023 Supreme(J&K) 73

MOHAN LAL
Asif Ahmad Dar – Appellant
Versus
UT of J and K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.A. Qayoom
For the Respondents: Usman Gani

JUDGEMENT

1. Petitioner by invoking the jurisdiction of this Court in terms of Article 226 of the Constitution of India has sought the indulgence of this Court for issuance of Writ of Habeas Corpus commanding the respondents to release the petitioner from illegal detention by quashing Detention Order No. 34/DMK/PSA/2022, dated 10.04.2022 issued by respondent No. 02 on the following grounds:-

    (i) that the petitioner/detenue got missing on 21.11.2021 whereby the missing report was accordingly lodged by father of the petitioner with police on 23.11.2021, after filing the missing report petitioner/detenue was shown to petitioner on 27.11.2021 at P/S Sadder Anantnag where he was kept for one month and was shifted to District Jail, Mattan Anantnag in judicial custody in FIR No. 493/2021 of P/S Anantnag, no bail application was, however, filed by the detenue or by the petitioner before any court of law for releasing him in the aforesaid FIR, the detenue therefore continues in judicial custody though nothing was established against him during the investigation;

(ii) that respondent No. 02 has not provided copy of letter dated 08.04.2022 which was forwarded by SSP Kulgam in the form of dossier

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