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2023 Supreme(J&K) 484

M. A. CHOWDHARY
Manzoor Ahmad Hurra – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Junaid Rashid, Advocate.
For the Respondent: Mr. Faheem Nisar Shah, GA.

JUDGMENT :

1. Detention Order No. DMB/PSA/28 of 2022 dated 27.06.2022 (for short ‘the impugned order’) passed by District Magistrate, Budgamrespondent No.2, whereby the petitioner namely Manzoor Ahmad Hurra S/O Ali Mohammad Hurra R/O Nowhar Chara-e-Sharief Budgam (for short ‘detenue’) has been ordered to be detained under preventive custody in terms of Section-8 of J&K Public Safety Act, 1978 (for short ‘the Act’) with a view to prevent him from acting in any manner prejudicial to the maintenance of security of the State, has been questioned/challenged on the grounds taken in the instant petition.

2. Case set up by the petitioner is that the detenue, in terms of the impugned order, has been detained under the Act, without any justification and the allegations leveled in terms of the grounds of detention have no nexus with the detenue and have been fabricated by the police in order to justify its illegal action of detaining the detenue. Furthermore, it is pleaded that the order of detention has not executed in tune with the Act and the directions of the Detaining authority, which in turn had deprived the detenue from making an effective and meaningful representation against his detent

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