JAMSHEED AHMAD BHAT Vs. GOVERNMENT OF J&K

JUDGEMENT

(1.) District Magistrate, Srinagar (hereinafter called =Detaining Authority") in exercise of powers under Sec. 8 of the Jammu and Kashmir Public Safety Act, 1978, passed the detention Order No. DMS/PSA/50/2021 dtd. 11/10/2021 (for short "impugned order"), in terms whereof the petitioner namely Jamsheed Ahmad Bhat S/o Ghulam Qadir Bhat R/o Guru Bazar, Srinagar (for short =detenue") was ordered to be detained and lodged in District Jail, Baramulla.

(2.) It is stated in petition on hand that the detenu has been implicated in case FIR No. 62/201 U/Ss 147,148,149,336,427,152 RPC registered at Police Station Shaheed Gunj and despite being implicated in substantive offences, detenu has been booked under preventive detention in terms of impugned detention order.

(3.) The impugned order of detention has been challenged on various grounds which are taken in alternative without prejudice to each other: