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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
String, J
Tawseef Ahmad Khan @Tarzan – Appellant
Versus
District Magistrate, Baramulla – Respondent
| Table of Content |
|---|
| 1. introduction and background of the detenu's case. (Para 1 , 2) |
| 2. arguments regarding procedural failures in the detention. (Para 4 , 5) |
| 3. court observations on the fundamental rights and preventive detention. (Para 7 , 10 , 12 , 18) |
| 4. the necessity for strict adherence to procedural safeguards. (Para 8 , 19) |
| 5. final ruling on the quashing of the detention order. (Para 20) |
1. This is the petition of mother of detenu - Tawseef Ahmad Khan @Tarzan son of Mohammad Amin Khan resident of Qazi Hamam at present AlMustafa Colony, Tehsil and District Baramulla. She seeks quashment of detention order No.171 / DMB / PSA / 2016 dated 19th November 2016, that District Magistrate, Baramulla (for brevity 'Detaining Authority'),has passed, directing preventive detention of detenu, on the grounds detailed in petition on hand.
2. Respondents filed their counter and resisted the petition.
3. Heard and considered.
4. At threshold, learned counsel for respondents states that detention order has been passed on subjective satisfaction by detaining authority. He further states that impugned detention has been extended for further period of three months vide Government Order No. Home / PB - V
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