RAYEES AHMAD NAIK Vs. STATE OF J&K

JUDGEMENT

(1.) This Heas Corpus ils been filed * ' the detenuRayees Ahmad Naik\j..r adipora, Tehsil Rajpora, District Puiwama challenging his order of detention bearing No.118/DMP/PSAI19 dated 16.10.20 19 passed by the District Magistrate, Puiwama under section 8(a) of the Jammu and Kashmir Public Safety Act, 1978 with a view to prevent him from acting in a manner prejudicial to the security of the state.

(2.) The detenu has challenged the aforesaid order of detention on the ground that;

(3.) Mr. Mir Suhail, learned Additional Advocate General has filed counter affidavit as well as produced the detention record. It is submitted by him that the detenu, was detajn d undei the provisions of the Jammu uUp and Kashmir Public Safety Act, 1978 validly by virtue of detention order No. 118/DMP/PSA/2019 dated 16.10.20 19 issued by the District Magistrate, Pu1wamAiL he statutory re uirements and constitutional f;p guarantees were fulfilled and complied with by the Detaining Authority while keeping in view the object of the law of preventive detention. All the material relied upon by the Detaining Authority had been provided to the detenu in compliance to the detention order. It is further submitted by him that the very object of law of preventive detention is not punitive and the detenu has been detained by Detaining Authority after considering all the material, while arriving at its requisite subjective satisfaction. The detenu has also been provided all the material relied upon by the Detaining Authority.