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2025 Supreme(J&K) 156

IN THE HIGH COURT OF JAMMU &KASHMIR AND LADAKH AT SRINAGAR
SANJAY DHAR
Bashir Ahmad Mir – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. N. A. Tabassum, Advocate.
For the Respondent: Mr. Syed Musaib, Dy. AG

JUDGMENT :

1) By the instant petition, veracity and legality of the detention order No.34/DMB/PSA/2023 dated 15.05.2023, issued by District Magistrate, Baramulla (for brevity “the detaining authority”) has been challenged. In terms of the aforesaid order, Bashir Ahmad Mir son of Mir Zaman Mir resident of Dachi Tehsil Uri District Baramulla (for short “the detenue”) has been placed under preventive detention in order to prevent him from acting in any manner prejudicial to the security of the State.

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 vague, non-existent on which no prudent man can make an effective representation against such allegations. It has been further contended that the Constitutional and Statutory procedural safeguards have not been complied with in the instant case. It has been further urged that there has been non-application of mind on the part of detaining authority while passing the impugned detention order. It has also been contended that whole of the material that formed basis of the grounds of detention has not been furnished to the detenue.

3) Th

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