SHAHID MAJIEED DAR Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has questioned in this writ petition the legality and validity of the order No. DMS/PSA/58/2021 dtd. 18/10/2021, issued by respondent No. 2-District Magistrate, Srinagar, under Sec. (8) of the J&K Public Safety Act (for brevity "Detaining Authority") whereby Shri Shahid Majeed Dar son of Abdul Majeed Dar resident of Bunpora Batamaloo, Srinagar (for short "detenue") has been placed under preventive detention and directed to be 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 Constitutional and 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 have not been provided to the detenue. It has also been averred that the grounds of detention are vague and that the same are mere assertions of the detaining authority on which no prudent man can make an effective representation against the order of detention.

(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 security of the State. It has been averred in the reply that the detaining authority has followed the provisions of J&K Public Safety Act and that the detenue has been detained only after following due procedure. It is pleaded that the detention order and grounds of detention along with relevant material were handed over to the detenue and same were read over and explained to him and that the grounds urged by the petitioner are legally misconceived, factually untenable and without any merit. In support of their stand, the respondents have also produced the requisite detention record.