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2023 Supreme(J&K) 399

SINDHU SHARMA
Bilal Ahmad Dar – Appellant
Versus
Union Territory of J&K – Respondent


Advocates Appeared:
For the Petitioner: Mr. Wajid Haseeb.
For the Respondent: Mr. Faheem Shah, GA.

JUDGMENT :

1. In this petition, the detenu Bilal Ahmad Dar, seeks quashing of detention Order No. DMB/PSA/2022/30 dated 27.06.2022. By virtue of the impugned detention order, the District Magistrate, Budgam, in exercise of powers under Section 8 of the J&K Public Safety Act, 1978, had detained the detenu under the provisions of Public Safety Act to prevent him from acting in any manner prejudicial to the security of the State. The detenu has assailed this order of detention through his father-Farooq Ahmad Dar.

2. The detenu, aggrieved of the detention order, has challenged its legality and validity on the grounds that; (i) the allegations mentioned in the grounds of detention have no nexus with the detenu and have been fabricated to fortify his illegal detention; (ii) the allegations made in the grounds of detention are vague, non-existent against which no representation can be made; (iii) the Detaining Authority has not prepared the grounds of detention itself, therefore, there is total non-application of mind while passing the order of the detention; (iv) all the relevant material relied upon by the Detaining Authority has not been provided to the detenu enabling him to make an eff

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