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2024 Supreme(JK) 320

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


Advocates:
Mr. Wajid Haseeb, Advocate; Mr. Mubeen Wani, Dy. AG.

JUDGMENT :

1) The petitioner has challenged detention order No.DMS/PSA/85/ 2022 dated 30.08.2022, issued by District Magistrate, Srinagar (for brevity “detaining authority”). In terms of the aforesaid order, Shri Shahid Shaban Najar @ MD (for short “detenue”) has been placed under preventive detention and lodged in Central Jail, Kotbhalwal, Jammu, in order to prevent him from indulging in the activities which are prejudicial to the security of the State.

2) The petitioner has contended that the impugned order has been issued without application of mind as the allegations mentioned in the grounds of detention have no nexus with the detenue and that the same have been fabricated by the police in order to justify its illegal action of detaining the detenue. It has been contended that the grounds of detention are vague, non-existent on which no prudent man can make a representation against such allegations. It has been further contended that the safeguards provided under law have not been complied with in the instant case, inasmuch as whole of the material which formed basis of the impugned detention order has not been supplied to the petitioner. It has been further contended that the re

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