MOHAMMAD MAQBOOL DAR Vs. UT OF J&K

JUDGEMENT

(1.) The Order No.27/DMP/PSA/20 dated 12.09.2020, issued by District Magistrate, Pulwama, placing detenu, namely, Mohammad Maqbool Dar S/o Ghulam Ahmad Dar R/o Hariparigam Tehsil Awantipora District Pulwama, under preventive detention in terms of J&K Public Safety Act, so as to prevent him from acting in any manner prejudicial to the security of the State and directing his lodgement in Central Jail Kot Bhalwal, Jammu, has been challenged, in this writ petition through his uncle.

(2.) The order of detention though challenged on various grounds, yet learned counsel for the petitioner has vehemently urged that the material relied upon by the detaining authority while passing impugned detention order has not been provided to detenu to enable him to make an effective and meaningful representation. Another submission of learned counsel for petitioner is that grounds of detention are replica of police dossier.

(3.) Respondents, in their counter affidavit, have submitted that there is no illegality in the order of detention, as it was necessary to place the detenu under preventive detention. The detenu has been indulging in activities which are prejudicial to the security of the State. The grounds taken by the detenu are said to be legally misconceived, untenable and without any merit. It is further contended that the grounds of detention are precise, proximate and relevant. The detenu was also informed to make his representation to the Government against his detention order. The warrant was read over and explained to him and the order has been passed after proper application of mind. Detention record has also been produced by the learned counsel for respondents.