Ghulam Nabi vs UT of J&K - 2023 Supreme(J&K) 221

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(J&K) 221

TASHI RABSTAN, MOHAN LAL
Ghulam Nabi – Appellant
Versus
UT of J&K – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Waheed Choudhary, Advocate.
For the Respondent: Ms. Monika Kohli, Sr. AAG.

JUDGMENT :

Tashi Rabstan, J.

1. This Letters Patent Appeal is directed against the judgment dated 29.05.2023 passed by the learned Single Judge, whereby the appellant’s Writ Petition i.e. WP(Crl) No.15/2023 titled ‘Ghulam Nabi v. UT of J&K and Ors.’ seeking quashment of detention order No.23/PSA of 2022 dated 03.10.2022, issued by District Magistrate, Ramban, was dismissed.

2. Learned counsel for the appellant has assailed the impugned judgment passed by the learned Single Judge dated 29.05.2023, inter alia, on the following grounds:

a. That the bare perusal of the judgment impugned makes it amply clear that the same has been passed by the writ court in a casual and mechanical manner without proper appreciation to the peculiar facts and circumstances of the present case. On this ground alone, the judgment impugned required to be set aside and writ petition be allowed by this Hon’ble Court.

b. That it was brought to the kind notice of the writ court that the order of detention is based on the dossier forwarded to the respondent no.2 by the respondent no.3 where by the reference has been made alleged three (03) FIRs out of which one FIR’s at Police Station Banihal and Two FIRs at Police S