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2024 Supreme(JK) 426

HIGH COURT OF JAMMU AND KASHMIR
MR. JUSTICE SANJAY DHAR, J
SALIK KHURSHID PANDANI – Appellant
Versus
UNION TERRITORY OF J AND K AND ANR. (HOME DEPARTMENT) – Respondent


Advocates:
Mr. Junaid Ahmad, Advocate, vice Mr. Saif-ul-Islam Malik, Advocate; Mr. Jehangir Ahmad Dar, GA

JUDGMENT :

1) The petitioner has challenged detention order No.DMS/ PSA/134/2022 dated 03.10.2022, issued by District Magistrate, Srinagar- respondent No.2 (for brevity “detaining authority”). In terms of the aforesaid order, Salik Khurshid Pandani (for short “the detenue”) has been placed under preventive detention and lodged in Central Jail, Jammu (Kotbhalwal), in order to prevent him from indulging in the activities which are prejudicial to the maintenance of security of the State.

2) The petitioner has contended that the detaining authority has issued the impugned detention order mechanically without application of mind as the allegations mentioned in the grounds of detention have no nexus with the detenue and that the same have been fabricated by the police in order to justify its illegal action of detaining the detenue. It has been contended that the grounds of detention are vague, non-existent on which no prudent man can make a representation against such allegations. It has been further contended that the procedural safeguards have not been complied with in the instant case, inasmuch as whole of the material which formed basis of the impugned detention order has not been supp

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