LAWS(J&K)-2020-10-11

GHULAM JEELANI GATOO Vs. UNION TERRITORY OF J&K

Decided On October 08, 2020
Ghulam Jeelani Gatoo Appellant
V/S
Union Territory Of JAndK Respondents

JUDGEMENT

(1.) Challenge in this petition is to the order No.65/DMS/PSA/2020 dated 27.06.2020, issued by District Magistrate, Shopian- respondent No.2 herein, in terms whereof, Gh. Geelani Gatoo S/o Ab. Aziz Gatoo R/o Malik Muhalla Shopian (hereinafter referred to as the detenue), has been ordered to be taken into preventive custody and lodged in Central Jail, Srinagar.

(2.) Respondents, on notice, appeared and filed counter affidavit wherein they have opposed the contentions raised in the petition.

(3.) Learned counsel for the petitioner has submitted that the impugned order has been passed in breach of statutory provisions and the law laid down by the Supreme Court from time to time. He has, in particular, referred to judgments of Hon'ble Apex Court Sophia Gulam Mohd. Bham. V. State of Maharashtra & ors, 1999 AIR(SC) 3051 and Rekha V. State of Tamil Nadu and anr, 2011 5 SCC 244.