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2023 Supreme(J&K) 433

SANJAY DHAR
Ubaid Nazir Sofi – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Arshie Zuhar, Advocate.
For the Respondent: Mr. Jahangir Ahmad Dar, GA.

JUDGMENT :

1) The petitioner, through his father Nazir Ahmad Sofi, has challenged his detention ordered by District Magistrate, Baramulla - respondent No.2 herein, in terms of order No.04/DMB/PSA/2023 dated 07.02.2023. Pursuant to the aforesaid order, the petitioner has been placed under preventive detention with a view to prevent him from acting in any manner prejudicial to the maintenance of the public order.

2) Before adverting to the grounds of challenge urged by the learned counsel for the petitioner impugning the order of detention, it is apt 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. As per the grounds of detention the petitioner is alleged to have a criminal bent of mind and under the garb of being a political activist has extorted money from general public, particularly unemployed youth on the pretext of providing government job to them by issuing fake and forged appointment orders. It is alleged in the grounds of detention that on 11.01.2023, two persons, namely, Shabir Ahmad Mian and Naseer Ahmad Malla belonging to Pattan staged a protest on the g

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