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2023 Supreme(J&K) 440

M. A. CHOWDHARY
Zubair Ahmad Bhat – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Najmu Sakib, Advocate.
For the Respondent: Mr. Mubashir Majid Malik, Mr. Younis Hafiz, Assisting counsel.

JUDGMENT :

1. The petitioner Zubair Ahmad Bhat S/O Hamidullah Bhat R/O Okey Kulgam (for short ‘detenue’) through his father, has called in question the detention order No. 31/DMK/PSA/2022 dated 10.04.2022 (for short ‘impugned order’) passed by the District Magistrate Kulgam -Respondent No. 2 (for short ‘detaining authority’), whereby the detenue came to be detained under the provisions of the Jammu & Kashmir Public Safety Act (for short “Act”).

2. Precisely the case of the petitioner is that the detenue was arrested by the police concerned on suspicion of being involved in case FIR No. 03/2022 under Sections 307 IPC, 7/27 I.A Act and 13, 16, 18, 20 of Unlawful Prevention Act registered at Police Station Kulgam. It is further averred that the detenue was not supplied with copy of dossier and other allied material.

3. Respondents have filed their counter to the writ petition and resisted the same on the ground that the activities of the detenue were highly prejudicial to the security of the State, therefore, to prevent him from acting in such activities, he has been detained strictly in accordance with the provisions of Public Safety Act. Respondents further averred that they have follo

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