GHULAM JEELANI GATOO Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-10-11
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 08,2020

Ghulam Jeelani Gatoo Appellant
VERSUS
Union Territory Of JAndK Respondents


Referred Judgements :-

KHUDIRAM DAS VS. STATE OF W.B [REFERRED TO]
IBRAHIM AHMAD BATTI VS. STATE OF GUJARAT [REFERRED TO]
ICCHU DEVI CHORARIA VS. UNION OF INDIA [REFERRED TO]
SHALINI SONI VS. UNION OF INDIA [REFERRED TO]
LALLUBHAI JOGIBHAI PATEL VS. UNION OF INDIA [REFERRED TO]
KAMLA KANYALAL KHUSHALANI VS. STATE OF MAHARASHTRA [REFERRED TO]
SUNILDUTT VS. UNION OF INDIA [REFERRED TO]
DHANANJOY DAS VS. DISTRICT MAGISTRATE DARRANG [REFERRED TO]
SOPHIA GULAM MOHAMMAD BHAM VS. STATE OF MAHARASHTRA [REFERRED TO]
THAHIRA HARIS VS. GOVERNMENT OF KARNATAKA [REFERRED TO]
REKHA VS. STATE OF TAMIL NADU [REFERRED TO]


JUDGEMENT

Sanjay Dhar,J. - (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.
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