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2024 Supreme(J&K) 387

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU 
MR. JUSTICE RAHUL BHARTI, J
Sumit Jandyal alias Gataru S/o Sh. Om Parkash Gupta – Appellant
Versus
Union Territory of Jammu & Kashmir through its Principal Secretary, Department of Home – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Himanshu Beotra, 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 – Sumit Jandyal, acting through his father – Om Parkash Gupta is invoking writ jurisdiction of this Court under article 226 of the Constitution of India seeking a writ of habeas corpus for restoration of his personal liberty which has come to be curtailed with effect from 10.05.2024 pursuant to exercise of preventive detention jurisdiction under the Jammu & Kashmir Public Safety Act, 1978.

03. The respondent No. 3 – Senior Superintendent of Police (SSP), Samba addressed a communication No. Legal/PSA/2024/ 870-73 dated 01.05.2024 to the respondent No. 2 – District Magistrate, Samba thereby laying a dossier with respect to the petitioner seeking his preventive detention under the Jammu & Kashmir Public Safety Act, 1978 by referring to the activities of the petitioner as cited in the dossier highly prejudicial to the maintenance of public order.

04. In the said dossier, the respondent No. 3 - Senior Superintendent of Police (SSP)

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