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2023 Supreme(Online)(J&K) 529

HIGH COURT OF JAMMU AND KASHMIR
TANVEER AHMED ALIAS JIMMY TH BASHIR AHMED – Appellant
Versus
U T OF J AND K TH PRINCIPAL SECRETARY HOME DEPTT AND OTHERS – Respondent


JUDGMENT

1. District Magistrate, Ramban (hereinafter called ‘Detaining Authority’) in exercise of powers under Section 8 of the Jammu & Kashmir Public Safety Act, 1978, passed the detention Order No. 14/PSA of 2022 dated 04.06.2022 (for short ‘impugned order’), in terms whereof the detenue namely Tanveer Ahmed @ Jimmy S/O Bashir Ahmed R/O Near Bus Stand Banihal, Tehsil Banihal District Ramban (for short ‘detenue’) has been detained.

2. The impugned detention order has been challenged through the medium of the instant petition, being in breach of the provisions of Article 22(5) of the Constitution of India read with Section 13(1) of the J&K Public Safety Act, 1978.

3. The case set up by the petitioner, in the petition, is that detenu was earlier detained in the year 2019 vide detention Order No. DMR/PSA of 2019/271-76 dated 10.08.2019. The said detention was challenged before the Court by way of petition bearing WP(Crl) No.89/2019 titled ‘Tanveer Ahmed v. UT of J&K & Ors. However, the said detention order was revoked by the Government vide Govt. Order No. Home/PB-V/973 of 2020 dated 12.04.2020. Another detention order bearing Order No. DMR/PSA of 1653-58 dated 09.07.2021 was issued by

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