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2024 Supreme(JK) 407

HIGH COURT OF JAMMU AND KASHMIR
TAJAMUL ISLAM – Appellant
Versus
UNION TERRITORY OF J AND K AND ANR. (HOME DEPARTMENT) – Respondent


 JUDGMENT :

1) By the medium of this petition, the petitioner has assailed order of detention bearing No.71/DMK/PSA/2022 dated 27.08.2022, issued by District Magistrate, Kulgam (for brevity “the Detaining Authority”). In terms of the impugned order, Tajamul Islam 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. The petitioner has gone on to contend that that at the time when the impugned order of detention was passed, he was already in custody in connection with FIR No.26/2022 for offences under Sections 302 IPC, 7/27 Arms Act, 13, 16, 18, 20, 38, 39 UAP Act of Police Station, D. H. Por

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