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2024 Supreme(J&K) 66

RAHUL BHARTI
Advocate Ali Mohammad Lone alias Zahid, S/o. Habibulah Lone, Through his son Asif Ali – Appellant
Versus
Government of J. &K. through Principal Secretary to Govt. , Home Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. Z.A. Qureshi, with Ms. Rehana.
For the Respondents: Mr. Zahid Qais Noor.

JUDGMENT :

1. A quote by Laura Miller “The past is a very determined ghost, haunting every chance it gets” seems to be, though unsaid, but the underlying basis of the mindset of the Sr. Superintendent of Police, (SSP in short), Pulwama and the purported subjective satisfaction of the respondent No. 2-District Magistrate Pulwama passed on even to the Govt. in the matter of subjecting the petitioner to suffer fourth time preventive detention in row following each other in the fashion as passing of baton amongst relay race runners.

2. The petitioner is aggrieved of his preventive detention which has been affected in terms of a detention order No. 74/DMP/PSA/22 dated 14/09/2022 passed by the respondent No.2-District Magistrate Pulwama acting under section 8 of the J&K Public safety act 1978, subsequently approved and confirmed by the respondent No.1-Govt. of UT of J&K and as a result where of the petitioner has come to suffer loss of his personal liberty in order to regain which the petitioner is throwing challenge to preventive detention.

3. The process for the preventive detention of the petitioner was set into effect by the SSP Pulwama who forwarded a dossier vide letter No. CS/Pros

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