SHAMEEM AHMAD GANIE Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2020-3-53
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 19,2020

Shameem Ahmad Ganie Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents




JUDGEMENT

Ali Mohammad Magrey,J. - (1.)The detenu, Shameem Ahmad Ganie, son of Abdul Rahim Ganie Rather resident of Ratnpora Tehsil Kadkpora District Pulwama through his sister seeks quashment of detention order no. 40/DMP/PSA/2019 dated 07.08.2019 purporting to have been passed by District Magistrate Pulwama, with consequent prayer for release of the detenu forthwith.
(2.)The petitioner-detenu has challenged the order of detention on the following grounds:
'a) that no compelling reason or circumstance was disclosed in the order or grounds of detention to take the detenu in preventive detention, moreso in view of the fact that as on the date of passing of the aforesaid order of detention, the detenu was already in custody;

b) that the detenu has not been provided the material forming basis of the detention order, to make an effective representation against his detention order;

c) that the detaining authority has not prepared the grounds of detention by itself, which is a pre-requisite for him before passing any detention order.'

(3.)Notice was issued to respondents. They appeared through their learned counsel and filed counter affidavit wherein they submitted that the detention order is well founded in fact and law and seeks dismissal of the Heabus Corpus Petition.
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