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2025 Supreme(JK) 109

IN THE HIGH COURT OF JAMMU &KASHMIR AND LADAKH AT SRINAGAR
MR. JUSTICE SANJAY DHAR, J
Zahid Nisar Hajam – Appellant
Versus
U T Of J&k – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. G. N. Shaheen, Advocate, with Mr. Asif Iqbal, Advocate.
For the Respondent: Mr. Syed Musaib, Dy. AG

JUDGMENT :

1) By the instant petition, the petitioner has challenged the veracity and legality of the detention order No.173/DMS/PSA/2023 dated 17.07.2023 issued by District Magistrate, Shopian (“the detaining authority”). In terms of the aforesaid order, Zahid Nisar Hajam S/o Nisar Ahmad Hajam R/o Sindu Shirmal Tehsil Keegam District Shopian (“the detenue”) has been placed under preventive detention and lodged in District Jail, Baramulla, in order to prevent him from indulging in the activities which are prejudicial to the security of the UT/Country.

2) The petitioner has contended that the detaining authority has issued the impugned detention order mechanically 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 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

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