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2024 Supreme(JK) 497

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


JUDGMENT :

1) By the instant petition, quashment of order No.88/DMP/PSA/22 dated 09.12.2022, issued by District Magistrate, Pulwama (for brevity “Detaining Authority”) is sought. In terms of the aforesaid order, Kifayat Rashid Bhat (for short “the detenue”) has been placed under preventive detention and lodged in Central Jail, Kotbhalwal, Jammu.

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 supplied to the petitioner. It has also been contended that the representation of the petitioner against the impugned order of detention has not b

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