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HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

LPA No. 69/2022

LPA No. 76/2022

Reserved on: 30.11.2022

Pronounced on: 26.12.2022

LPA No.69/2022

Mohd. Yousuf

LPA NO.76/2022

Mohd. Aslam

…Appellant(s)

Through: Mr.P.N.Raina, Sr. Advocate with

Mr. M.A. Bhat, Advocate

Vs.

Union Territory of J&K & Ors

…Respondent(s)

Through: Mr.Amit Gupta, AAG

CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

HON’BLE MR. JUSTICE M.A.CHOWDHARY, JUDGE

JUDGMENT

Per Chowdhary J.

1. The present appeals have been preferred by the

appellants against the judgment dated: 12.07.2022

passed in WP (Crl) No. 02/2022 by Learned Single

Judge. The facts and circumstances of the above said

appeals are identical in nature, therefore, both are

proposed to be disposed of by this common judgment.

2. Aggrieved of the order/judgment dated 12.07.2022

passed by the Writ Court ( hereinafter called „impugned

Judgment‟) appellant Mohd. Yousuf and his brother

Mohd. Aslam filed a joint Letters Patent Appeal (LPA

No.69/2022) seeking setting aside the impugned

judgment. However, later the appellant Mohd. Aslam

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moved an application ( CM No. 4389/2022) seeking

withdrawal from the appeal and vide interim order

dated: 25.7.2022 passed by this Bench the appeal to his

extent, was dismissed as withdrawn on his behalf with

liberty to file a separate fresh appeal after seeking leave

of this Court to file the same.

3. In LPA No. 69/2022 it has been prayed to set aside the

judgment dated 12.07.2022 passed by Learned Single

Bench whereby petition for quashment of detention

order was dismissed with a further direction to the

Director Anti Corruption Bureau Union Territory of J&K

to enquire into the matter for having obtained

documents not by legitimate means. It has been further

prayed to quash the detention order No. 02/2022 dated

11.01.2022 which was subject matter of writ petition.

4. In LPA No. 76/2022 the appellant seeks setting aside

the directions passed by Learned Single Judge to the

Anti Corruption Bureau of UT of J&K to enquire into the

issue of procurement of the order of detention and

communications addressed to the petitioner in the writ

petition and to the Principal Secretary to Govt. Home

Department with regard to alleged connivance of the

officials of the respondents and the appellant who had

filed the petition on behalf of his brother. It has been

further

prayed

to

set

aside/expunge/remove

the

observations made in the judgment against the

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appellant, being unwarranted, unjustified and uncalled

for and also being violative of principles of natural

justice.

5. Factual Matrix of the case is that one Mohd. Yousuf @

Shama S/O Faqar Din R/O Village Narwal BalaJammu,

( hereinafter called appellant Mohd. Yousuf ) was

ordered to be detained in terms of Section 8(1) (a) of

J&K Public Safety Act, 1978, by the District Magistrate

Jammu ( hereinafter called „Detaining Authority‟ for

short) vide his Order No. 2 of 2022 dated 11.01.2022

(hereinafter called „detention order‟) .

6. Before the Order could be executed, the appellant Mohd.

Yousuf filed criminal writ petition before this court

through his brother namely Mohd. Aslam seeking

quashment of the detention order passed by detaining

authority. WP (Crl) No. 02/2022 was decided by the Writ

Court vide judgment dated 12.07.2022 and rejected the

plea raised by the appellant for quashment of the

detention order mainly on the points that a person

whose preventive detention has been ordered, without

execution of the same, cannot file the petition that too

through a stranger as he himself is required to file the

same. The learned Single Judge held that the petition

filed by the brother of the petitioner seeking „writ of

certiorari‟ cannot be maintained on behalf of the per