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2023 Supreme(J&K) 464

MOKSHA KHAJURIA KAZMI
Iqbal Ahmad Mian – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Imtiyaz Ahmad.
For the Respondent: Jahangir Ahmad Dar.

JUDGMENT :

MOKSHA KHAJURIA KAZMI, J.

1. Petitioner, through his father, Mohd Yousuf Mian, has assailed his detention order passed by the District Magistrate, Baramulla (the Detaining Authority) vide Order No. 05/DMB/PSA/23 dated 07.02.2023 (the impugned order), whereby the petitioner-Iqbal Ahmad Mian S/O Mohd Yousuf Mian R/O Mian Mohalla, Tehsil Pattan, District Baramulla (“the detenue”) has been put under preventive detention with a view to prevent him from indulging in such activities which are prejudicial to the maintenance of the public order.

2. Before adverting to the grounds of challenge, it is necessary to notice the material facts on the basis of which the detaining authority has derived its subjective satisfaction for placing the detenue under the preventive detention.

3. The grounds of detention which have been made basis by the Detaining Authority for the preventive detention of the detenue is the Police dossier dated nil which reveals that the detenue is involved in different anti social activities including cheating the general public particularly unemployed youth on the pretext of providing Government jobs. The detenue has swindled lacs of Rupees from gullible youth by i

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