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2018 Supreme(Online)(J&K) 35

FAISAL AMIN MIR – Appellant
Versus
STATE OF JAMMU AND KASHMIR AND ORS – Respondent


Advocates:
['M A QAYOOM', 'H AMAN ALI', '', 'ASIF MAQBOOL']

1) By virtue of order bearing No.131/DMS/PSA/2018 dated 05.09.2018, passed by respondent No.2-District Magistrate, Shopian, in exercise of powers conferred under Section 8 of the J&K Public Safety Act, 1978, Faisal Amin Mir son of Mohammad Amin Mir resident of Bonbazar Shopian (hereinafter referred as the detenue), has been taken into preventive custody and lodged in Central Jail, Kot Bhalwal, Jammu. Legality and veracity of the said order is assailed in the instant petition on the grounds detailed out therein.

2) The petitioner9s case, as set out in the petition, is that the detenue was arrested by the police and booked in several FIRs, one after the other. Even though detenue was granted bail in FIR Nos.64/2014, 7/2014, 76/2014, 78/2014, 83/2014 and 121/2014 but was not released and instead was detained under the provisions of J&K Public Safety act in terms of impugned order. The allegations/grounds of detention are stated to be vague and mere assertions. The respondents are stated to have ignored to provide material relied upon by the detaining authority while passing the impugned order of detention and thus deprived the detenue of his Constitutional and Statutory rights. Grounds

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