LAWS(J&K)-2024-2-13

MOHAMMAD RAFIQ SHAH Vs. PRINCIPAL SECRETARY TO GOVERNMENT

Decided On February 05, 2024
Mohammad Rafiq Shah Appellant
V/S
PRINCIPAL SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) The District Magistrate Ganderbal ordered the detention of Mohammad Rafiq Shah @ Owaisi S/o Mohammad Yasin Shah R/o Shuhama Nagbal, District Ganderbal vide his order No. 12-DMG-PSA-2022 dtd. 9/6/2022 under Sec. 8 of the Jammu and Kashmir Public Safety Act, 1978, with a view to prevent him from acting in any manner prejudicial to the maintenance of security of the State. The detenu has assailed this order of detention through his brother namely Zubair Ahmed.

(2.) The Detaining Authority has passed the impugned order of detention without any application of mind on the allegations mentioned in the grounds of detention to justify illegal detention of detaining the detenu.

(3.) The detenu has challenged the impugned order of detention on the ground that that;