MOHD. ASGAR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner Mohd. Asgar has called in question order of detention bearing No. 05 of 2020 dated 22.02.2020, passed by the respondent No.2-District Magistrate, Jammu, on the ground that the details of FIRs mentioned in the order impugned do not speak of the status of the petitioner in those FIRs, the relevant material has not been supplied nor the contents of the grounds of detention have been explained to the petitioner in the language he understands, the non-application of mind is exhibited in the detention order and that the case of the petitioner was not referred to the Advisory Board and finally the order is not confirmed by the Authorities within the statutory period of the Jammu and Kashmir Public Safety Act.

(2.) The counter affidavits have been filed on behalf of respondent No.2 and respondent No.3 wherein the contentions raised in the petition have been negated by stating that the order of detention is passed keeping in view the facts of the case, the petitioner has been found to be notorious, hardcore, habitual criminal whose activities are highly prejudicial to the maintenance of public order. The grounds of detention have been explained to the petitioner and the material stands supplied to him. The petitioner has not chosen to file representation before the Advisory Board and the Government has approved the detention order vide order dated 28.02.2020 and finally that the petitioner has no case in the present petition. The prayer is for dismissal of the petition.

(3.) The learned counsels have argued the matter in line with respective pleadings.