AKHILESH SHARMA Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Impugned in this petition is Communication No.DMU/JC/1153 dtd. 17/7/2021 issued by the District Magistrate, Udhampur, respondent No.2 herein, whereby one Mr. Vipan Kumar has been informed that his son, namely, Akhilesh Sharma has been detained under the J&K Public Safety Act, 1978. Order No.02-PSA-2021 dtd. 17/7/2021 issued by respondent No.2 is also impugned in this petition, whereby the petitioner has been detained under the said Act.

(2.) The case as set up by the petitioner-detenu is that respondent No.2 while slapping preventive detention of detenu has not adhered to the constitutional safeguards available to him under the Constitution of India as well as the J&K Public Safety Act, 1978. It is contended that the petitioner has been implicated in false and frivolous FIRs and that the detaining authority has issued the detention order without application of mind. It is also averred that the respondents did not explain him the grounds of detention, even the material documents relied upon by the respondents, upon which the detention order has been issued, have not been supplied to the petitioner-detenu. To cement his arguments, learned counsel for detenu has placed reliance on a case, bearing WP(Crl) No.26/2021, titled as, Pritam Singh vs UT of J&K, decided on 9/11/2021.

(3.) Respondent Nos.2 and 3 in their counter affidavits have averred that the detenu has been detained only after following the due procedure in terms of Public Safety Act.