SUHAIL AHMAD DAR Vs. UT OF J&K

JUDGEMENT

(1.) The present petition has been filed by the petitioner through his father for quashing the detention Order No. 17/DMP/PSA/21 dtd. 23/4/2021 (hereinafter referred to as "Order Impugned"), by virtue of which the petitioner has been ordered to be detained by the respondent no. 2 under Sec. 08 of Jammu and Kashmir Public Safety Act, 1978.

(2.) The order impugned has been assailed on the following grounds:

(3.) Response stands filed by the respondents, in which it is stated that all the statutory as well the constitutional safeguards have been strictly followed by the respondents while passing and executing the order impugned. It is further stated that the petitioner/detenue was detained vide Order No. 17/DMP/PSA/21 dtd. 23/4/2021 issued by respondent no. 2 and respondent no. 2 has passed the order of detention after deriving the subjective satisfaction in the matter. The order of detention and entire material relied by the detaining authority was furnished to the petitioner/detenue within the statutory period provided u/s 13 of the Act. In compliance to the detention order, the warrant was accordingly executed by the executing officer namely Inspector Abdul Rehman and detenue was handed over to Superintendent Central Jail, Jammu Kotebhalwal for lodgment. The contents of the detention order/warrants and the grounds of detention were read over and explained to the detenue in the language which he fully understood and in lieu where of the detenue/petitioner subscribed his signatures upon the execution report/order. The detenue was also informed about his right of making of representation to the detaining authority as also to the Government as well.