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2024 Supreme(JK) 331

HIGH COURT OF JAMMU AND KASHMIR
SHAKIR AHMAD THOKER – Appellant
Versus
UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT) – Respondent


JUDGMENT :

1) The petitioner has challenged order of detention bearing No.147/DMS/PSA/2022 dated 25.08.2022, issued by District Magistrate, Shopian - respondent No.2 herein. In terms of the aforesaid order, Shakir Ahmad Thoker (hereinafter referred to as the detenue), has been placed under preventive detention so as to prevent him from acting in any manner prejudicial to security of the UT/Country.

2) The petitioner has contended that the grounds of detention are vague on the basis of which no prudent man can make a representation against such allegations. It has been further contended that the procedural safeguards 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 representation submitted by the petitioner against his detention has not been considered.

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 ground

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