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2024 Supreme(JK) 387

HIGH COURT OF JAMMU AND KASHMIR
DILAWAR AHMAD PADDAR – Appellant
Versus
UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT) – Respondent


JUDGMENT :

1) The petitioner through the medium of this petition, has assailed order of detention bearing No.78/DMK/PSA/2022 dated 01.12.2022, issued by District Magistrate, Kulgam (for brevity “the Detaining Authority”). In terms of the impugned order, Dilawar Ahmad Padder has been placed under preventive detention in order to prevent him from acting in any manner prejudicial to the security, sovereignty and integrity of the State.

2) The petitioner has contended that there has been non-application of mind on the part of the detaining authority while passing the impugned detention order. It has been further contended that the procedural safeguards have not been complied with in the instant case. It has also been urged that the allegations made against the detenue in the grounds of detention are vague and that whole of the material that formed the basis of the grounds of detention has not been furnished to the detenue. It has also been contended that the representation of the petitioner against the impugned detention order has not been considered by the respondents.

3) Upon being put to notice, the respondents appeared through their counsel and filed their reply affidavit, wherein the

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