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2026 Supreme(Online)(J&K) 658

HIGH COURT OF JAMMU AND KASHMIR
SHAHID AMIN GANIE – Appellant
Versus
UNION TERRITORY OF J AND K (HOME) AND ORS – Respondent


IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on: 15.04.2026 Pronounced on:08.05.2026 Uploaded on: 08.05.2025 Whether the operative part or full judgment is pronounced: Full HCP No.383/2024 SHAHID AMIN GANIE ...PETITIONER(S)/APPELLANT(S)

Through: - Mr. M. A. Makroo, Advocate.

Vs.

UT OF J&K & ANOTHER ...RESPONDENT(S)

Through: - Mr. Ilyas Laway, GA.

CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1) Through the medium of present petition, the petitioner has challenged detention order bearing No.27/DMA/PSA/ DET/2024 dated 24.10.2024, issued by District Magistrate, Anantnag, in exercise of powers conferred by Section 8 of the J&K Public Safety Act, 1978, whereby the detenue, namely, Shahid Amin Ganai, has been placed under preventive detention so as to prevent him from indulging in the activities which are prejudicial to the security of the UT.

2) It has been contended that the detaining authority, while passing the impugned order, has not followed the procedural safeguards as provided under Article 22(5) of the Constitution of India and Section 13 of the J&K Public Safety Act. It has been submitted that impugned detention order has been passed without applicati

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