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2024 Supreme(J&K) 175

RAJESH SEKHRI
Zahoor Ahmad Dar – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Wajid Haseeb, Advocate.
For the Respondent: Mr. Illyas Laway, GA.

JUDGMENT :

1. Challenge in this petition has been thrown to a detention order No.07/DMB/PSA of 2022 dated 07.04.2022, passed by District Magistrate Bandipora-respondent No.2, vide which son of the petitioner namely Zahoor Ahmad Dar (the ‘detenue’) has been ordered to be detained and lodged in Central Jail, Kotbalwal, Jammu.

2. The petitioner has questioned the impugned detention order primarily on the ground that since detenue in all the FIRs mentioned in the impugned order has either been admitted to bail or acquitted, and the last alleged activity attributed to the detenue dates back to the year 2016, therefore, there is no proximity of detention of the detenue with the alleged apprehension of the respondents. According to the petitioner, the allegations attributed to the detenue in the grounds of detention are fabricated by the police in order to justify its illegal actions.

3. Besides, the petitioner has assailed the impugned detention order on the conventional grounds that the grounds of detention are vague, non-existent and no prudent man could make effective representation against such allegations; that the very basis of satisfaction recorded by the detaining authority being v

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