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2024 Supreme(JK) 539

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


JUDGMENT :

1) By the medium of instant petition, the petitioner has challenged the legality and veracity of the order No.DMS/PSA/71/2022 dated 27.06.2022, issued by District Magistrate, Srinagar - respondent No.2 herein, in terms whereof, Mir Nasrullah son of Abdul Razak Mir resident of Diyarwani Batamaloo, Srinagar (hereinafter referred to as the detenue), has been placed under preventive custody and lodged in Central Jail, Jammu (Kotbalwal), for preventing him from acting in any manner prejudicial to security of the State.

2) The petitioner has contended that 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 on the basis of 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. That the grounds of detention are non-existe

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