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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Basharat Ahmad Bazaz, S/o. Ghulam Hassan Bazaz, Through his mother Mst. Rafiqa Assad – Appellant
Versus
UT of Jammu and Kashmir, Through Principal Secretary, Home Department – Respondent
JUDGMENT :
RAHUL BHARTI, J.
1. The petitioner, Basharat Ahmad Bazaz, acting through his mother Mst. Rafiqa Assad, has come to petition this Court with present writ petition filed on 18.09.2024, thereby assailing his preventive detention ordered vide impugned Order No. DMS/PSA/22/2024 dated 05.09.2024 passed by the respondent No. 2- District Magistrate, Srinagar, thereby subjecting the petitioner to suffer preventive detention under Jammu and Kashmir Public Safety Act, 1978 for the sake of preventing the petitioner from acting in any manner prejudicial to maintenance of the security of the State.
2. A case for preventive detention of the petitioner was mooted by the Senior Superintendent of Police, (SSP) Srinagar, by virtue of dossier submitted vide Letter No. LGL/Det- PSA/2024/19451-54 dated 30.08.2024 notifying the alleged state of activities of the petitioner on the basis whereof the petitioner's fundamental right to personal liberty was reckoned by the District Police to be prejudicial to the maintenance of the security of the State.
3. Acting upon said dossier, respondent No. 2-District Magistrate, Srinagar formulated the grounds of detention, thereby, purportedly drawing the subje
The distinction between law and order and public order is crucial in cases of preventive detention, and the impact on the community must be considered. The failure to respond to the petitioner's repr....
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