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2023 Supreme(J&K) 337

SINDHU SHARMA
Vishal Kumar Sharma – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Satinder Gupta, Advocate
For the Respondent: Mr. Pawan Dev Singh, Dy.AG

JUDGMENT :

1. The petitioner has assailed the order of detention No.17 of 2022 dated 10.11.2022 passed by the District Magistrate, Jammu, vide which, the detenu has been detained under 8(1)(a) of the Jammu & Kashmir Public Safety Act, 1978 to prevent him from acting in any manner prejudicial to the maintenance of public order. The said order has been assailed through his father-Vijay Kumar Sharma.

2. The petitioner submits that the detenu has been taken into custody on the basis of the impugned order of detention No.17 of 2022 dated 10.11.2022 passed by the District Magistrate, Jammu which is illegal, arbitrary, malafide being violative of constitutional safeguards available to the detenu.

3. The detention order has been challenged by the detenu on the grounds that; (i) the registration of multiple FIR’s from the year 2014 till 2022 could not have formed the basis for issuance of the detention order, being remote in nature; (ii) their does not exist any proximate and live connection between the acts complained of and the date of detention of order as last FIR was in the month of Aug., 2022 and detention order was passed in the month of Nov., 2022; (iii) the allegations alleged in the

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