ROUF BASHIR ALLIE Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Challenge in this petition is thrown to the order No.04/DMK/PSA/2021 dtd. 15/6/2021, issued by District Magistrate, Kulgam (for brevity "Detaining Authority") whereby Shri Rouf Bashir Allieson of Bashir Ahmad Allie resident of Batpora Hangulbush Yaripora District Kulgam(for short "detenu") has been placed under preventive detention and directed to be lodged in Central Jail, Srinagar

(2.) Petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the grounds of detention are mere reproduction of the dossier. It has been further contended that the Constitutional and Statutory procedural safeguards have not been complied with in the instant case. It has been also urged that the allegations made against the detenue in the grounds of detention are vague and that the translated version of the documents/grounds of detention has not been provided to the detenue who is a semi-literate person. It has also been contended that the petitioner has not been informed as to before which authority he had to make a representation.

(3.) The respondents, in their counter affidavit, have disputed the averments made in the petition and stated that they have followed the provisions of J&K Public Safety Act. It is contended that the detenue has been detained only after following due procedure; that the grounds of detention were read over to the detenue; that there has been proper application of mind for detaining the detenue and that the detenue has been provided all the material. The learned counsel for the respondents also produced the detention records to lend support to the stand taken in the counter affidavit.