LAWS(J&K)-2024-3-38

ATHAR MUSHTAQ KHAN Vs. UNION TERRITORY OF J&K

Decided On March 26, 2024
Athar Mushtaq Khan Appellant
V/S
Union Territory Of JAndK Respondents

JUDGEMENT

(1.) This Letters Patent Appeal has been filed on behalf of the detenu against the judgment dtd. 22/11/2022 passed in WP (Crl.) No. 318/2022 titled, 'Athar Mushtaq Khan Vs. UT of J&K and Ors', whereby, the learned Writ Court has dismissed the writ petition seeking quashing of the detenu's detention order bearing No. 24/DMP/PSA/22 dtd. 12/4/2022, passed under the Jammu and Kashmir Public Safety Act, 1978.

(2.) The brief facts of the case giving rise to the passing of the detention order and filing of the present appeal are stated as follows:

(3.) The appellant-petitioner filed a writ petition before the learned writ Court which was registered as WP(Crl) No. 318/2022 challenging the detention of his son, Athar Mushtaq Khan, ordered by the District Magistrate, Pulwama, in exercise of the powers under Sec. 8 of the J&K Public Safety Act, 1978 (JK PSA), in terms of his Order no. 24/DMP/PSA/22 dtd. 12/4/2022. The said order is shown to have been passed by the detaining authority with a view to prevent the detenu from acting in any manner prejudicial to the security of the state.