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2024 Supreme(Online)(J&K) 1606

HIGH COURT OF JAMMU AND KASHMIR
MOHD AMIN WAGAY – Appellant
Versus
UNION TERRITORY OF J AND K AND ANOTHER. (HOME DEPARTMENT) – Respondent


JUDGMENT

1. The District Magistrate, Pulwam a by Order No.DMP/PSA/23/16 dated

19.04.2023 has placed one Mohd. Amin Wagay S/o Gh. Mohi-Ud-Din Wagay R/o Aglar Kandi Tehsil Rajpora District Pulwama under the preventive detention under provisions of Public Safety Act, 1978 with a view to prevent him from acting in any manner prejudicial to the security of the State and has been lodged in Central Jail Kot Bhalwal, Jammu. The wife of the petitioner is aggrieved of and seeks quashment of the order on the following grounds:

i) That the allegations made in the grounds of detention are vague, non-existent and no prudent man can made representation against such allegation and passing of detention on such ground is unjustified and unreasonable.

ii) That the detenue is not involved in any FIR and the allegations are imaginary without any basis iii) That there is inordinate delay in execution of detention order.

2. The counter affidavit has been filed by the respondents stating there that the detenue came to be detained under the provisions of the Act of 1978 validly and legally by virtue of detention order. All statutory requirements and constitutional quarantees have been fulfilled and complied wi

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