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2026 Supreme(Online)(J&K) 362

HIGH COURT OF JAMMU AND KASHMIR
MOHAMMAD SYED REHMAN SHAMUS – Appellant
Versus
UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT) – Respondent


HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(Cr.) No. 373/2022 Reserved on: 09.04.2026 Pronounced on: 18.04.2026 Mohammad Syed Rehman Shamus S/O Shamus Ammer-U-Din R/O West Bengal A/P Hubi Colony, Sikhbagh, Lal Bazar, Srinagar.

…Petitioner(s)

Through: Advocate N.A.Ronga.

Vs.

1. Union Territory of J&K through Principal Secretary to Govt. Home Deptt., Civil Sectt. Srinagar.

2. District Magistrate, Srinagar.

3. Senior Superintendent of Police, Srinagar.

…Respondent(s)

Through: Assisting counsel Maha Majid vice Sr.AAG.Mohsin Qadri.

CORAM:HONBLE MR. JUSTICE M. A.CHOWDHARY, JUDGE

JUDGMENT

1. District Magistrate, Srinagar-Respondent No.2 (for short ‘Detaining Authority’) in exercise of powers conferred on him under Section 8 of the J&K Public Safety Act, 1978 has passed the Detention Order No. DMS/PSA/97/2021 dated 07.12.2021 (for short ‘impugned order’), in terms whereof the detenue was ordered to be detained to prevent him from the activities prejudicial to the maintenance of Public Order.

1. The order of detention is challenged by the detenue through the medium of this petition, inter alia, on the grounds that the respondents have not followed due procedure of law while detaining the

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