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2023 Supreme(J&K) 360

SANJAY DHAR
Manzoor Ahmad Mir – Appellant
Versus
UT OF J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Wajid Haseeb, Advocate.
For the Respondent: Mr. Raees ud Din Ganai, Dy. AG.

JUDGMENT :

1) By the medium of instant petition, the petitioner has challenged the legality and veracity of the order No.52/DMP/PSA/2021 dated 18.10.2021, issued by District Magistrate, Pulwama - respondent No.2 herein, in terms whereof, Manzoor Ahmad Mir S/o Gh. Ahmad Mir R/o Kisergam Tehsil Kakapora (hereinafter referred to as the detenue), has been ordered to be taken into preventive custody and lodged in Central Jail, Jammu (Kotbalwal).

2) The petitioner has contended that the detaining authority has passed the impugned detention order mechanically without application of mind, inasmuch as the allegations mentioned in the grounds of detention have no nexus with the detenue and that the same have been fabricated by the police in order to justify its illegal action of detaining the detenue. It has been contended that the grounds of detention are vague, non-existent on which no prudent man can make a representation against such allegations. It has been further contended that the Constitutional procedural safeguards have not been complied with in the instant case, inasmuch as whole of the material which formed basis of the impugned detention order has not been supplied to the petition

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