SHAKEEL AHMAD BHAT Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Impugned in this petition is order of detention bearing No.DMS/PSA/103/2021 dtd. 16/12/2021, issued by District Magistrate, Srinagar (for brevity "Detaining Authority"). In terms of the aforesaid order, Shakeel Ahmad Bhat @ Adja son of Lt. Ghulam Qadir Bhat resident of Malik Angan Feteh Kadal, Srinagar, (for short "detenu") has been placed under preventive detention and lodged in Central Jail, Srinagar.

(2.) The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the statutory procedural safeguards have not been complied with in the instant case. It has been further urged that the material which formed basis of the grounds of detention and the consequent order of detention has not been provided to the detenue. It has also been contended that the grounds of detention are vague, non-existent and stale and there is total non-application of mind on the part of the detaining authority.

(3.) The Respondents, in their counter affidavit, have disputed the averments made in the petition and insisted that the activities of detenue are highly prejudicial to the maintenance of public order. It is pleaded that the detention order and grounds of detention were handed over to the detenue and same were read over and explained to him; that the grounds urged by the petitioner are legally misconceived, factually untenable and without any merit and the impugned detention order has been passed strictly in accordance with law occupying the field. In support of their stand taken in the counter affidavit, the Respondents have also produced the detention record.