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2025 Supreme(JK) 19

HIGH COURT OF JAMMU AND KASHMIR
SINDHU SHARMA, J
SUNIL KUMAR @GOKUL TH SANDEEP KUMAR – Appellant
Versus
UT OF J AND K TH COMMISSIONER SECRETARY TO GOVERNMENT HOME DEPARTMENT JAMMU AND OTHERS – Respondent


Advocates:
Mr. Jagpaul Singh, Advocate; Mr. Rajesh Thappa, AAG

JUDGMENT :

1. The detenu has assailed the Order of Detention No.PSA 22 of 2024 dated 06.05.2024 issued by the District Magistrate, Jammu, placing him under detention with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. The said order of detention has been assailed by the detenu through his brother-Sandeep Kumar.

2. The detenu is aggrieved of the order of detention on the grounds that; (i) the same has been passed casually and mechanically without any application of mind and there were no sufficient grounds recorded by the Detaining Authority to justify that the alleged activities of the detenu were threat to public order, (ii) the grounds of detention are vague, uncertain and ambiguous as the Detaining Authority, as per the grounds of detention, has detained him for his activities for the purpose of preventing and combating activities prejudicial to the security of the State, maintenance of public safety and to provide protection to the society, (iii) the detenu has not been provided all the material relied upon by the Detaining Authority while passing the order of detention which has resulted in infraction of constitutional and statuto

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