AIJAZ AHMAD DAR Vs. UT OF J&K

JUDGEMENT

(1.) Petitioner has challenged the validity of Detention Order No. DMB/PSA/15 of 2020 dated 07.07.2020 passed by District Magistrate, Budgam, detaining Aijaz Ahmad Dar S/o. Habibullah Dar R/o Nasrullahpora, Budgam under clause (a) of Section 8 of the Jammu and Kashmir Public Safety Act 1978 to prevent him from acting in any manner prejudicial to the maintenance of public order.

(2.) The order of detention though challenged on various grounds, yet learned counsel for petitioner has vehemently urged that detenu was not informed that while making a representation against his detention to the Government, he had also a right to make a representation before the detaining authority, and therefore, his constitutional and statutory procedural safeguards have been violated. Another submission of learned counsel for petitioner is that grounds of detention are replica of police dossier.

(3.) Counter affidavit has been filed. Learned counsel for respondents has produced the detention record. He submits that the detenu was detained for his activities which were considered to be prejudicial to the maintenance of public order. He was detained by virtue of detention order No. DMB/PSA/15 of 2020 dated 07.07.2020 passed by the District Magistrate, Budgan. All the procedural safeguards and constitutional guarantees were complied with by the detaining authority. The order of detention was issued after arriving at its requisite subjective satisfaction that his detention was imperative. All the material relied upon by the detaining authority was communicated to the detenu in the language he understands. The case of the detenu was also referred to the Advisory Board for its opinion, and the Board vide its opinion dated 21.08.2020 found that there was sufficient cause for the detention of the detenu. Pursuant to the opinion of the Board, the Government vide order No. Home/PB-V/1557 of 2020 dated 24.08.2020 has confirmed the order of detention.