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JAMMU AND KASHMIR HIGH COURT
, J
Muzamil Ahmad Dar v. UT of J and K
| Table of Content |
|---|
| 1. detention order challenged based on allegations of militancy. (Para 1 , 2) |
| 2. validity of detention relies on procedural fairness and communication. (Para 3 , 4 , 5) |
| 3. criteria required for detention against those already in custody. (Para 10 , 11 , 12) |
| 4. right to effective representation necessitates supply of documents. (Para 14 , 15 , 16 , 17 , 18) |
| 5. court quashes detention order and mandates release of detenu. (Para 19) |
1. 'The present appeal has been preferred by the detenu, Muzamil Ahmad Dar, through his father, Ab. Rashid Dar, against the judgment dated 16.02.2022, delivered by a Single Bench of this Court in WP Cri No. 267/2021 in which the detention order No. 87 / DMS / PSA / 2021 dated 18.10.2021, issued by the District Magistrate, Shopian, was challenged. By virtue of the said detention order, the appellant / detenu was placed under preventive detention in exercise of powers under S.8 of the J. and K. Public Safety Act, 1978. The said appellant / detenu was ordered to be lodged at District Jail, Rajouri.
2. In the dossier it is alleged that the detenu came into contact with the militants and used to work as OGW of Let / TRF outfits and also motivated the
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