IRFAN AHMAD PAMPORI Vs. STATE OF J&K

JUDGEMENT

(1.) Challenge in this petition is to order No.DMS/ PSA/45/2010 dated 22nd July 2010, of District Magistrate, Srinagar - respondent No.2 herein, whereby one Shri Mohammad Irfan Pampori Code Sameer (Irfan Ahmad Pampori) son of Ali Mohammad Pampori resident of Malik Sahab, Safa Kadal, Srinagar (herein after referred to as "detenue") has been placed under preventive detention. The petitioner is brother of detenue and thus interested in his life and liberty and competent to maintain the petition.

(2.) The petitioner's case, as set out in the petition, is that the detenue was, without any cause or justification, apprehended on 17.07.2010, whereafter detention order No. DMS/ PSA/45/2010 dated 22nd July 2010, was slapped upon the detenue. The respondents are stated to have ignored to provide material, relied upon by Detaining Authority to order detention and thus deprived detenue of his Constitutional and Statutory rights. Grounds of Detention are stated to be vague, non-existent and unfounded.

(3.) The respondents have, in their Counter Affidavit, disputed the averments made in the petition and insisted that the activities of detenue are highly prejudicial to the security of the State. It is pleaded that the detention order and grounds of detention were handed over to the detenue at the time of execution of detention warrant and same were read over and explained to the detenue. The detention order is said to have been approved by the State Advisory Board and also by the Government vide No.Home/PB-V/2068/2010 dated 15th September 2010. The Learned Government Advocate has made available detention record to lend support to the case set up in counter affidavit.