MUSTAFA ALI MAKROO Vs. STATE OF J&K

JUDGEMENT

(1.) Challenge in this petition is to order No 45/DMP/PSA/10 dated 20th November 2010, of District Magistrate, Pulwama respondent No 2 herein, whereby one Shri Mustafa Ali Makroo son of Ali Mohd Makroo resident of Jawbrara New Colony Tehsil Awantipora District Pulwama (herein after referred to as 'detenue') has been placed under preventive detention and his lodgment directed in District Jail, Kathua

(2.) The petitioner's case is that the detenue was, without any cause or justification, apprehended and detention order No 45/DMP/ PSA/10 dated 20th November 2010, slapped on him The respondents, it is insisted, have ignored to provide detention order and material, relied upon by Detaining Authority to order detention and thus deprived detenue of his Constitutional and Statutory right to represent against his detention Grounds of Detention are stated to be vague, non-existent and unfounded

(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 state The detention order is said to have been approved by the State Advisory Board and also by Government vide order No Home/PB-V/44/2011 dated 05 01 2011 The Learned Deputy Advocate General has made available detention record to lend support to the case set up in the counter affidavit