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2023 Supreme(J&K) 412

RAJESH SEKHRI
Amir Farooq Dar. – Appellant
Versus
Union Territory of J. K. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Wajid Mohammad Haseeb.
For the Respondents: Mr. Taha Khaleel, Assisting Counsel vice Mr. Mohsin S. Qadri, Sr. AAG.

JUDGMENT :

1. The petitioner (detenue, for short) through his mother has invoked writ jurisdiction of this Court for the issuance of appropriate writs in the nature of Certiorari, for quashment of detention order, No. DMS/PSA/03/2023 dated 2nd January 2023, passed by Respondent No. 2 (the Detaining Authority, for short) and Mandamus, commanding the respondents to release his person and pay compensation of Rs. 2.00 lacs for illegal detention.

2. The detenue has assailed the impugned order of detention on multiple grounds, however, learned counsel for the detenue has confined his argument primarily on the grounds that allegations attributed to him in the grounds of detention may be a law and order problem but do not qualify to fall within the definition of Public Order under Section 8 of the J&K Public Safety Act, 1978 (PSA, for short), the grounds of detention are vague, as there is no specific allegation regarding his involvement in the unlawful activities attributed to him and that respondents have failed to consider his representation.

3. The respondents in their counter affidavit are affront with the contention that since activities of the detenue were found prejudicial to the m

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