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2023 Supreme(J&K) 420

SANJAY DHAR
Bilal Ahmad Hastiwala – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Musavir Mir.
For the Respondent: Raees-ud-din Ganai.

JUDGMENT :

SANJAY DHAR, J.

1. The petitioner has challenged detention Order No. 07-DMG-PSA-2022 dated 12.4.2022, issued by District Magistrate, Ganderbal-respondent No. 2 (for brevity “detaining authority”). In terms of the aforesaid order, Bilal Ahmad Hastiwala (for short “the detenue”) has been placed under preventive detention and lodged in Central Jail, Jammu (Kotbhalwal), in order to prevent him from indulging in the activities which are prejudicial to the security of the country, particularly the UT of J&K.

2. The petitioner has contended that the detaining authority has issued the impugned detention order mechanically without application of mind 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 procedural safeguards have not been complied with in the instant case, inasmuch as whole of the material which formed basis of the impugned deten

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