YASMEEN RAJA Vs. STATE OF J AND K

JUDGEMENT

(1.) Challenge in this petition is to order No. 40/DMP/PSA/2010 dated 27th October 2010, of District Magistrate, Pulwama - Respondent No. 2 herein, whereby one Ms. Yasmeen Raja daughter of Ghulam Nabi Bhat resident of Tulbagh, New Colony, Tehsil Pampore District Pulwama (herein after referred to as ''detenue'') has been placed under preventive detention and her lodgment directed in Central Jail, Srinagar.

(2.) The preventive detention of the detenue is questioned on the grounds that the Respondents while detaining the detenue have violated her Constitutional and Statutory rights guaranteed under Article 22(5), Constitution of India and Section 13, J&K Public Safety Act 1978.

(3.) The Respondents have, in their Counter Affidavit, disputed the averments made in the petition and insisted that the activities of detenue were prejudicial to the security of the State and maintenance of public order. The detention order is said to have been approved by the State Advisory Board and also by Government vide order No. Home/PB-V/2918/2010 dated 22.12.2010. The learned Deputy Advocate General has made available detention record to lend support to the case set up in the counter affidavit.