MOHAMMAD YOUSUF BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of this petition, the petitioner has questioned the order of detention bearing No. 36/DMP/PSA/2019 dated 19.07.2019 issued by the respondent No. 2 by virtue of which the petitioner has been ordered to be detained under the Jammu and Kashmir Public Safety Act, 1978 ( for short, the Act).

(2.) It is stated in the petition that the petitioner was arrested on 18.06.2019 and thereafter, he was implicated in FIR bearing No. 14/2019. The petitioner had applied for grant of bail and petitioner was granted bail but was not released and shifted to Kotbhalwal Jail, Jammu. The order of detention has been assailed by the petitioner on the following grounds:

(3.) The respondents have filed the counter affidavit. They have categorically stated that the procedural as well as statutory safeguards enshrined under Article 22(5) of the Constitution of India and section 13 of the Act have been complied with by the respondents while passing the detention order. They have further stated that they have supplied all the requisite documents to the petitioner so as to enable him to make an effective representation to the detaining authority and to the Government.