BALBIR CHAND Vs. UT OF J & K

JUDGEMENT

(1.) District Magistrate, Kathua-respondent no.2 (for brevity 'detaining authority'), has, by Order No. PSA/104 dated 16.10.2020, placed Balbir Chand S/o Rana R/o Chack Drab Khan, Tehsil and District Kathua (for short 'detenue') under preventive detention, with a view to prevent him from indulging in the criminal activities which are prejudicial and detrimental to the maintenance of public order. It is this order, of which petitioner is aggrieved and throws challenge thereto on the grounds tailored in petition on hand.

(2.) It is averred in the petition that the basis of detention of the petitioner is the involvement of the petitioner in some FIRs and in all the FIRs, the petitioner is either bailed out or the matter is disposed of by the Court and the detaining authority has not taken into account the order of bail passed in the said FIRs. It is further stated that the detenue has been detained by the respondent No. 3 without providing any sufficient material, i.e., the copy of the FIRs, statement of witnesses, list of witnesses, statement before Judicial Magistrate and other relevant materials which is mandatory as per the provisions of J&K Public Safety Act, 1978.

(3.) It is stated that the grounds on which the detention order has been issued are false, frivolous and baseless and are influenced by the local politicians on the basis of political rivalry and the recommendation is an outcome of recent Panchayat elections. It is further stated that the petitioner is working as a plumber and was working hard to meet day to day needs of his family and it has become very difficult for the whole family to cope up with the prevailing situation.