TANVEER AHMAD Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) By the instant petition, quashment of order No.201/DMK of 2019 dated 27.05.2019, issued by District Magistrate, Kishtwar (for brevity "Detaining Authority") is sought. In terms of the aforesaid order, Tanveer Ahmad son of Ghulam Qadir Ginoo resident of Village Tundar Tehsil Dachhan District Kishtwar (for short "detenu") has been placed under preventive detention and lodged in District Jail, Kathua.

(2.) Petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the grounds of detention are mere reproduction of the dossier. It has been further contended that the Constitutional and Statutory procedural safeguards have not been complied with in the instant case. It has been further urged that the material which formed basis of the grounds of detention and the consequent order of detention has not been provided to the detenue.

(3.) The respondents, in their counter affidavit, have 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 and same were read over and explained to him. The grounds taken by the petitioner are legally misconceived, factually untenable and without any merit. The respondents have produced the detention records in order to buttress the contentions raised in the counter affidavit.