SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2025 Supreme(J&K) 101

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SINDHU SHARMA
Alex Matoo S/o Kanny Matoo – Appellant
Versus
Union Territory of J&K through its Secretary to Government, Home – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mohan Singh, Advocate
For the Respondent: Mr. Rajesh Thappa, AAG

JUDGMENT :

01. The detenu has challenged Order of Detention No. PSA 20 of 2024 dated 20.08.2024 issued by the District Magistrate, Samba, vide which the detenu was placed under preventive detention with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. The order of detention has been assailed by the detenu through his mother-Sapna.

02. The impugned order of detention has been assailed by the detenu on the grounds that; the Detaining Authority has passed the order of detention without any application of mind. There were no sufficient grounds recorded by the Detaining Authority to justify that the alleged activities of the detenu were threat to public order. The Detaining Authority has not provided all the relevant material relied upon while passing the order of detention to the detenu. This has resulted in violation of all procedural safeguards provided to the detenu rendering the order of detention unsustainable.

03. Counter affidavit has been filed and detention record has also been produced.

04. Learned counsel for the respondents submitted that the detenu has been detained on the basis of police dossier submitted by the SSP Samba dated 2

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top