FAROOQ AHMED MALIK Vs. GOVT OF J&K

JUDGEMENT

(1.) Through the medium of this petition, the petitioner has questioned order of detention bearing No. 10/DMK/PSA/2019 dated 04.07.2019 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 18.04.2019 and was in continuous custody till he was detained under the PSA Act when he was shifted to Kotbhalwal Jail on 18.10.2019. The order of detention has been assailed on the following grounds:

(3.) The respondents have filed the counter affidavit and have categorically stated that the procedural as well as statutory safeguards under Article 22(5) of the Constitution of India as well as 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 or to the Government.