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2024 Supreme(J&K) 324

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU 
RAHUL BHARTI
Sumit Slathia @ Bhanu Partap Singh – Appellant
Versus
Union Territory of Jammu & Kashmir through its Commissioner/Secretary to Govt., Home Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Asheesh Singh Kotwal, Advocate & Mr. Pankaj Basotra, Advocate
For the Respondent: Mr. Rajesh Thappa, AAG

JUDGMENT :

01. Heard learned counsel for the petitioner as well as Mr. Rajesh Thappa, learned AAG for the respondents. Perused the pleadings and the record therewith. Also perused the detention record produced by Mr. Rajesh Thappa, learned AAG.

02. The petitioner, who has been detained under the preventive detention custody, has petitioned this Court through his father –Jagdish Singh seeking a writ of habeas corpus under article 226 of the Constitution of India seeking quashment of preventive detention against him and his consequent release from illegal custody imposed upon him by virtue of an impugned detention order No.18/PSA of 2024 dated 08.05.2024.

03. The background facts related to the detention of the petitioner are that the respondent No. 3 - Sr. Superintendent of Police (SSP), Samba, by a communication No. Legal/PSA/2024/ 910-13 dated 06.05.2024, came to submit a dossier to the respondent No. 2 – District Magistrate, Samba against the petitioner seeking his detention under the J&K Public Safety Act, 1978 alleging that the petitioner’s liberty was prejudicial to the maintenance of public order on account of the alleged acts of omission and commission of the petitioner.

04. In

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