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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Shahnawaz Ahmad Bhat S/o Mohammad Shafi Bhat – Appellant
Versus
Union Territory of Jammu and Kashmir through Principal Secretary to Government – Respondent
JUDGEMENT :
RAHUL BHARTI, J.
01. Heard learned counsel for both sides.
02. Perused the writ petition and the annexures therewith and also the counter affidavit filed in response.
03. The detention record produced also scanned thoroughly.
04. From his preventive detention custody in the Central Jail Kot Bhalwal, Jammu commencing upon his arrest on 02.05.2025, the petitioner – Shahnawaz Ahmad Bhat, purportedly acting through his father – Mohammad Shafi Bhat, came forward with institution of present writ petition on 14.05.2025 to challenge preventive detention Order No. DMB/PSA/08 of 2025 dated 28.04.2025 passed by the respondent No. 2 – District Magistrate, Budgam under section 8 of the J&K Public Safety Act, 1978.
05. The issuance of aforesaid detention Order No. DMB/PSA/08 of 2025 dated 28.04.2025 by the respondent No. 2 –District Magistrate, Budgam is resting on grounds of detention which came to be formulated so as to lead the respondent No. 2 – District Magistrate, Budgam to subjective satisfaction that the petitioner’s activities are prejudicial to the security of State which warrant his preventive detention custody for a period to be specified by the Government and to be lodged in t
Preventive detention under PSA invalid when based solely on unculminated BNSS preventive proceedings absent final orders, criminal antecedents or specific facts, rendering grounds vague smokescreen v....
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