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2025 Supreme(JK) 117

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR, J
Javaid Ahmad Beigh – Appellant
Versus
Union Territory Of J&k – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Suwaiba, Advocate.
For the Respondent: Mr. Mubashir Majid Malik, Dy. AG.

JUDGMENT :

1) By the instant petition, the petitioner has assailed detention order No.158/DMS/PSA/2023 dated 24.01.2023, issued by District Magistrate, Shopian (for brevity “Detaining Authority”). In terms of the aforesaid order, Javaid Ahmad Beigh (“the detenue”), has been placed under preventive detention and lodged in District Jail, Baramulla, in order to prevent him from acting in a manner prejudicial to the security of the UT/Country.

2) The petitioner has contended that the detaining Authority has passed the impugned detention order without application of mind as the grounds of detention are mere reproduction of the dossier. It has been further contended that the procedural safeguards have not been complied with in the instant case. It has also been urged that whole of the material which formed basis of grounds of detention and the consequent order of detention has not been provided to the detenue and that there has been non- application of mind on the part of detaining authority while passing the impugned order

3) The respondents, in their counter affidavit, have disputed the averments made in the petition and insisted that the activities of detenue are highly prejudicial to t

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