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2024 Supreme(JK) 287

HIGH COURT OF JAMMU AND KASHMIR
MR. JUSTICE SANJAY DHAR, J
MUBASHIR AHMAD LONE – Appellant
Versus
UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT) – Respondent


Advocates:
Mr. Sajad Geelani, Advocate; Mr. Jehangir Ahmad Dar, GA.

JUDGMENT :

1) Challenge in this petition is thrown to the order No.DMB/PSA/47 of 2022 dated 24.09.2022, issued by District Magistrate, Budgam (for brevity “Detaining Authority”) whereby Shri Mubashir Ahmad (for short “the detenue”) has been placed under preventive detention in order to prevent him from acting prejudicially to the security of UT.

2) The petitioner has contended that the impugned order has been passed without application of mind, inasmuch as the grounds of detention are mere reproduction of the dossier. It has been further contended that the Statutory safeguards have not been complied with in the instant case and that the allegations made against the detenue in the grounds of detention are vague and cryptic.

3) The respondents, in their counter affidavit, have disputed the averments made in the petition and stated that they have followed the provisions of J&K Public Safety Act. It is contended that the detenue has been detained only after following due procedure; that the grounds of detention were read over to the detenue; that there has been proper application of mind while passing the impugned order of detention and that the detenue has been provided all the material

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