Mohammad Ashraf Sheikh vs Union Territory Of J&K Through on 29 April, 2026

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    1. Impugned in this petition is the Detention Order No. DMB/PSA/11 of

    2024 dated 23.11.2024 (for short ‘impugned order’) passed by

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    respondent no. 2-District Magistrate, Budgam in terms whereof

    petitioner came to be detained under Section- 8 of The J&K Public

    Safety Act, 1978 in order to prevent him from acting in a manner

    prejudicial to the ‘security of State’.

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    2. Through the medium of the present petition, petitioner assails his

    detention order, on the grounds that the detenue has been detained under

    the Public Safety Act on false and flimsy grounds without any

    justification; that the grounds of detention are vague and mere

    assertions of the detaining authority and no prudent man can make an

    effective and meaningful representation against these allegations.

    Further plea of the detenue is that he has not been provided the

    material/documents relied upon by the detaining authority, so as to

    make an effective representation before the detaining authority; that he

    was not informed that he can make a representation before the District

    Magistrate, therefore, a valuable right of the detenue stands defeated;

    that the Detaining authority, while passing the impugned order, has

    relied upon the stale grounds, therefore, the same is not sustainable. It

    was prayed to quash the impugned order for the afore-stated grounds.



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