HILAL AHMAD PEER Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Challenge in this petition is thrown to the order No. 23/DMB/PSA/2021 dtd. 21/10/2021, issued by District Magistrate, Baramulla (for brevity "Detaining Authority") whereby Shri Hilal Ahmad Peer son of Mohd. Yousuf Peer resident of Kachwa Muqam, Tehsil Wagoora District Baramulla (for short "the detenu") has been placed under preventive detention and lodged in Central Jail, Kotebhulwal Jammu.

(2.) The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the grounds of detention are mere reproduction of the dossier. It has been further contended that the Constitutional and Statutory procedural safeguards have not been complied with in the instant case. It has been further urged that the allegations made against the detenue in the grounds of detention are vague and that the material which formed basis of the order of detention has not been provided to the detenue. It has also been contended that the petitioner has not been informed as to before which authority he had to make a representation.

(3.) The respondents, in their counter affidavit, have disputed the averments made in the petition and stated that they have followed the provisions of J&K Public Safety Act. It is contended that the detenue has been detained only after following due procedure; that the grounds of detention were read over to the detenue; that there has been proper application of mind while passing the impugned order of detention and that the detenue has been provided all the material which has been relied upon by the detaining authority while passing the detention order. The respondents have placed reliance on the judgment of the Supreme Court in Haradhan Saha v. State of W.B. (1975) 3 SCC 198. The respondents have produced the detention record to lend support to the stand taken in the counter affidavit.