BADER DIN Vs. STATE OF J&K

JUDGEMENT

(1.) Challenge in this petition is to order No. PSA/DM/10/02-09 dated 3rd of February 2010 of District Magistrate, Doda - respondent No.2 herein, whereby one Shri Bader Din son of Suleman Gujjar resident of Araie Tehsil Mandi District Poonch (herein after reierred to as "detenue") has been placed under preventive detention.

(2.) The brief history of the case, as set out in the petition, is that the detenue was, without any cause of justification, apprehended and detention order No. PSA/DM/10/02-09 dated 3rd of February 2010, 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 were seriously 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 after same were read over and explained to the detenue. The detention order is said to have been approved by the Government in terms of Government order No. Home/PB-V/706/2010 dated 2nd April 2010 and the State Advisory Board also to have approved the detention order. The Learned Deputy Advocate General has made available detention record to lend support to the case set up in counter affidavit.