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2024 Supreme(JK) 541

HIGH COURT OF JAMMU AND KASHMIR
ISHFAQ AHMAD DAR – Appellant
Versus
GOVERNMENT OF J AND K AND ANR. (HOME DEPARTMENT) – Respondent


JUDGMENT :

1) Impugned in this petition is the order of detention bearing No.146/DMS/PSA/2022 dated 25.08.2022, issued by District Magistrate, Shopian - respondent No.2 herein. In terms of the aforesaid order, Ishfaq Ahmad Dar (hereinafter referred to as the detenue), has been placed under preventive detention so as to prevent him from acting in any manner prejudicial to security of the UT/Country

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.

3) The respondents have resisted the petition by filing a reply affidavit thereto. In their reply affidavit, the respondents have submitted that the activities of detenue are

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