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2022 Supreme(J&K) 680

WASIM SADIQ NARGAL
Sajad Ahmad Bhat – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Aamir Dar
For the Respondent: Asif Maqbool

JUDGMENT :

WASIM SADIQ NARGAL, J.

1. The present writ petition has been filed by the detenue, through his father challenging the legality and validity of the detention Order No. 15/DMP/PSA/20, dated 13.07.2020 issued by respondent No. 2, whereby the detenue has been detained under section 8 of the J&K Public Safety Act, 1978. Besides, the petitioner has sought Writ of Mandamus commanding the respondents to release the detenue, namely, Sajad Ahmad Bhat S/o Ghulam Nabi Bhat, R/o Mandakpal Khrew, Pampore, Pulwama, J&K.

2. The petitioner has contended that the Detaining Authority has passed the dentition order mechanically without application of mind inasmuch as the Constitutional and Statutory procedural safeguards have not been complied with in the instant case.

3. It has been further contended that the detenue was arrested by the Security Forces without any justification and was picked from his home and was detained under Public Safety Act (PSA) and lodged in Central Jail, Srinagar. The further case of the detenue is that on 06.05.2020, an FIR No. 17/2020 for commission of offences under sections 147, 148, 336 and 427 IPC was registered by the Police of Police Station, Khrew and the det

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