BILAL AHMAD KALOO Vs. STATE OF J&K

JUDGEMENT

(1.) CHALLENGE in this petition is to order No. DMB/PSA/194 of 2010 dated 1st August 2010, of District Magistrate, Budgam respondent No. 2 herein, whereby one Shri Bilal Ahmad Kallo(Kaloo) son of Ali Mohammad Kallo(Kaloo) resident of Humhama Tehsil and District Budgam(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 thereafter detention order No. DMB/PSA/194 of 2010 dated 1st August 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 the 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/2174/2010 dated 21.09.2010. The learned Government Advocate has made available detention record to lend support to the case set up in the counter affidavit.