WASIM SADIQ NARGAL
Sajad Ahmad Bhat – Appellant
Versus
UT of J&K – Respondent
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
A. Mohammed Farook vs. Jt. Secy. To Government of India (2000) 2 SCC 360
Abdul Rashid Lone Vs. State of J&K and others
Abdul Razak Nanekhan Pathan v. Police Commissioner, Ahmadabad]
Ganga Ramchand Bharvani v. Under Secretary to the Government of Maharashtra and others
Jahangirkhan FazalKhan Pathan vs. Police Commissioner, Ahmadabad
Jai Singh and Ors. Vs. State of J&K” (AIR 1985 SC 764)
Khudiram Das v. State of West Bengal and others
P.U. Iqbal vs. Union of India and Ors. (1992) 1 SCC 434
Ramesh Yadav Vs. District Magistrate
Rushikesh Tanaji Bhoite vs. State of Maharashtra & Ors.” Reported in (2012) 2 SCC 72
Shalini Soni (Smt.) & Others v. Union of India and Others
Sohanlal Surajaram Visnoi Vs. State of Gujarat”
Vijay Narain Singh Vs. State of Bihar & Ors. ((1984) 3 SCC 14)
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