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2024 Supreme(JK) 343

HIGH COURT OF JAMMU AND KASHMIR
TARIQ HUSSAIN – Appellant
Versus
THE U T OF J AND THROUGH ITS ADDITIONAL CHIEF SECRETARY FINANCIAL COMMISSIONER HOME AND OTHERS – Respondent


JUDGMENT :

1. Heard learned counsel for the petitioner and the respondents. Perused the writ pleadings and record therewith. 

2. This writ petition came to be filed on 19.01.2024 by the petitioner acting through his brother, namely, Asif Khan seeking quashment of his preventive detention effected under Jammu and Kashmir Public Safety Act, 1978 and consequently seeking restoration of his personal liberty by issuance of a writ of habeas corpus.

3. This writ petition came to be admitted on 31.01.2024 and on behalf of the respondents, appearance came to be caused on 13.03.2024 with an opportunity afforded to file counter affidavit which till date has not been filed and the petitioner is left hardly with remaining one month of his preventive detention custody before the full period of detention comes to expire on its own in the next month of August 2024. For this reason, this writ petition is being taken up for adjudication so as to serve the essence of principle of rule of law that a litigant who approaches the court of law seeking enforcement of his fundamental right is not left in a lurch just because of expiry of the time attending the pendency of his/her writ petition.

4. The Senior Su

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