ARIF AIJAZ SHAHRI Vs. UT OF J. &K

JUDGEMENT

(1.) Heard learned counsel for the parties. Perused the writ, pleadings and the record therewith.

(2.) This is a writ petition filed by the petitioner, namely, Arif Aijaz Shahri, acting through his wife, Mst. Ifra Hakeem invoking writ jurisdiction of this Court under article 226 of the Constitution of India for challenging the preventive detention arrest of the petitioner under Jammu & Kashmir Public Safety Act, 1978, which has resulted in the arrest and custody of the petitioner in the District Jail, Kupwara. The petitioner is, thus, seeking a writ of habeas corpus for earning release of his person from the confinement and restoration of his personal liberty as being a fundamental right granted to him under article 21 of the Constitution of India.

(3.) The petitioner came to be under scanner of the Superintendent of Police, Bandipora, who vide a letter No. Lgl/PSA-27/2023/28741-47 dtd. 10/8/2023 forwarded a dossier against the petitioner purportedly containing the alleged material, on the basis of which, the activities of the petitioner were reckoned to be prejudicial to the security of the State and, therefore, the personal liberty of the petitioner was intended to be curtailed and this letter was addressed to the District Magistrate, Bandipora, who is respondent No. 2 herein.