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2024 Supreme(J&K) 8

RAHUL BHARTI
Shahbaz Ahmed S/o Ghulam Mohd – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Asheesh Singh Kotwal, Mohd. Aamir Awan, Z.A. Chauhan.
For the Respondent: Mohd. Irfan Inqualbi.

JUDGMENT :

RAHUL BHARTI, J.

1. Heard learned counsel for the parties, perused the pleadings and also examined the record.

2. The respondent No. 2-District Magistrate Reasi, by virtue of an order No. 02-PSA of 2023 dated 20.02.2023, has come to subject the petitioner to preventive detention in exercise of jurisdiction under Section 8 of the Jammu and Kashmir Public Safety Act, 1978. It is this loss of his personal liberty through the mode of aforementioned detention order which the petitioner is calling in question to seek its restoration and for that purpose the present writ petition for a writ of habeas corpus under article 226 of the Constitution of India has been brought by the petitioner acting through his mother.

3. The impugned detention order No. 02-PSA of 2023 dated 20.02.2023 passed by the respondent No. 2-District Magistrate, Reasi is based upon the grounds of detention as formulated separately by the respondent No. 2-District Magistrate, Reasi.

4. In the said grounds of detention, the respondent No. 2-District Magistrate, Reasi has referred to a dossier No. Pros/Dossier-04/2023/9738-41 dated 17.02.2023 served by the respondent No. 3-Superintendent of Police (SSP), Reasi where

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