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2025 DAILYLAW 9644 (JK)

ZAHOOR AHMAD BATCHI v. UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT)

WP(Crl)/815/2022 · 2025-01-02

Moksha Khajuria Kazmi

Writ Petition (Criminal)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 4 Suppl. cause list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(Crl) No. 815/2022 Zahoor Ahmad Batchi ….. Appellant/petitioner(s) Through: - None V/s UT of J&K and Ors. ….. Respondent(s) Through: - Mr. Satinder Singh Kala, AAG CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE (ORDER) 02.01.2025 By this petition, detenue has challenged the order No. DMS/PSA/66 of 2021 dated 20.10.2021, for short impugned order, passed by the District Magistrate, Srinagar, in terms whereof, the detenue namely Zahoor Ahmad Batchi @ Raj Guroo S/o Late Ghulam Mohammad Bakshi R/o Pandan Nowhatta, Srinagar has been detained under the provisions of Public Safety Act (PSA). Perusal of the record reveals that the period of detention as prescribed in the order of detention was for a period of two years, which is expiring on 20.10.2023, he would, therefore, submit that the order of detention has outlived its life and the detenue in consequence thereto is entitled to be released from the preventive custody. It appears that the order of detention has been executed on 28.10.2022 and the detenue has been detained in terms of impugned order for a period of two years w.e.f. 28.10.2022 to 28.10.2024. Admittedly, the validity of the impugned order has outlived, therefore, the detenue, in the interest of justice requires to be released from preventive custody. Accordingly, it is ordered that the detenue namely Shri Zafar Bakshi @ Raj Guroo S/o Late Ghulam Mohammad Bakshi R/o Pandan Nowhatta, Srinagar be released from preventive detention forthwith, if not required in any other case. Disposed of. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 02.01.2025 “Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document