ABDUL MAJID KHAN Vs. UT OF J&K

JUDGEMENT

(1.) The present Habeas Corpus petition has been filed challenging the order of detention dtd. 18/10/2021 passed by the District Magistrate, Budgam, who in purported exercise of the powers vested in it under Sec. 8 of the Jammu and Kashmir Safety Act, 1978 (For short, Act of 1978) has ordered the detention of the petitioner with a view to prevent him from acting in any manner prejudicial to the security of the State.

(2.) The order of detention was challenged mainly on the ground that the procedural safeguards, which were required to be followed in terms of the Act of 1978 and the various pronouncements of the Apex Court had not been followed in their letter and spirit at the time of passing of the order impugned.

(3.) It was vehemently urged that the right to make a representation, which was a constitutional right was sought to be defeated by the detaining authority by not communicating to the petitioner that apart from the petitioner"s right to make a representation to the Govt., he could also make a representation to the detaining authority against the order of detention.