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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
Mohammad Yaseen Dar, J
Miyan Muzaffer – Appellant
Versus
District Magistrate Srinagar – Respondent
| Table of Content |
|---|
| 1. detention order details and procedure. (Para 1 , 2) |
| 2. petitioner's grounds for contesting detention. (Para 3) |
| 3. respondents' defense of detention order. (Para 4 , 10) |
| 4. judicial review of detention order and its basis. (Para 11 , 12 , 19 , 20) |
| 5. rights of detained persons and requirements for effective representation. (Para 15 , 17 , 22 , 23) |
| 6. decision to quash detention order. (Para 24) |
1. This petition has been filed at the instance of the detenue by his wife, thereby, challenging detention order passed by District Magistrate Srinagar - respondent No. 2, bearing No. DMS / PSA / 17/2024 dated 13.07.2024, for short impugned order, whereby detenue namely Miyan Muzaffer S/o Miyan Mohammad Yousuf R/o Barzulla Bulbulgagh, Srinagar, has been detained under the provisions of S.8 of the Jammu and Kashmir Public Safety Act, 1978 , hereinafter for short as Act, on the ground that his activities are prejudicial to the maintenance of Security of the State and directed to be lodged at district Jail, Kathua Jammu, where he is undergoing detention.
2. FACTUAL MATRIX
The detenue was arrested during the intervening night of 13 / 14th of July 2024, by police station, Saddar. Neith
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