ASSADULLAH BHAT Vs. UT OF J&K

JUDGEMENT

(1.) Impugned in this Heabus Corpus petition with a prayer for quashment thereof is the detention order no. 35/DMP/PSA/20 dated 02.11.2020, purporting to have been passed by District Magistrate Pulwama, whereunder detenu namely Assadullah Bhat s/o Ghulam Mohammad Bhat R/o Dadsara at present Chattabal Srinagar Tehsil Tral, District Pulwama, is under detention.

(2.) Grounds pleaded in support of prayer are that respondent no. 2 has issued the detention order dated 02.11.2020 on the basis of grounds placed before him by the concerned SSP, as the grounds of detention are ditto copy of the dossier. It is submitted that the detaining authority has not applied its mind while passing the detention order. It is submitted that the there is total non-application of mind while passing the impugned order of detention as the detenu was already under custody when the detention order was passed. It is submitted that the authority has not explained the grounds to the detenu in the language which he understands. It is submitted that no copy of translated version was furnished to the detenu to enable him to make an effective representation against the detention order, which renders the detention order liable to be set aside.

(3.) In his counter affidavit, respondent no.2 has stated that the detenu's activities being highly prejudicial to the sovereignty and security of the State, his detention was necessary to prevent him from indulging in such acts, which was also approved by the Government and the State Advisory Board constituted u/s 14 of P.S. Act. During course of his submissions the respondents counsel besides reiterating the contents of counter affidavit has contended that in circumstances of the case the impugned detention is well founded in fact and law.