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2023 Supreme(J&K) 254

M. A. CHOWDHARY
Mohd. Ashraf, S/o. Mohd. Hussain – Appellant
Versus
Union Territory of Jammu & Kashmir, Through Financial Commissioner (Additional Chief Secretary), to Govt. Home Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. Arshad Majid Malik.
For the Respondent: Mr. Bhanu Jasrotia, GA.

JUDGMENT :

1. In the instant Writ Petition, the petitioner has challenged the detention order No.DMR/INDEX/12 of 2023 dated 01.06.2023, issued by respondent No.2, District Magistrate, Rajouri (hereinafter to be referred as “the detaining authority”), whereby petitioner namely Mohd. Ashraf S/o Mohd Hussain, R/o Village Kakora, Tehsil Manjakote District Rajouri (for short ‘the detenue’) has been placed under preventive detention, in order to prevent him from acting in any manner prejudicial to the maintenance of public order.

2. It has been contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the grounds of detention are mere reproduction of the dossier; that the statutory procedural safeguards have not been complied with in the instant case as except the detention order and grounds of detention, nothing has been provided to the petitioner or any of his other family member, let alone the translated version of the material forming basis of the grounds of detention, as such, there has been total non application of mind on the part of the Detaining Authority while passing the impugned detention order. It has f

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