ABID AHMAD DAR Vs. UNION TERRITORY OF JK

JUDGEMENT

(1.) In the instant Habeas Corpus petition, the petitioner has assailed the detention order No. DMB/PSA/2022/32 dtd. 27/6/2022, passed by respondent No. 2- District Magistrate, Budgam (for short "the detaining authority"), whereby one Abid Ahmad Dar S/O Noor Mohd. Dar R/O Dalipora Chadoora, Budgam, (for short detenue), has been detained under the provisions of J&K Public Safety Act, 1978.

(2.) Though the petitioner has challenged the detention order on various grounds, but the main ground of challenge to the non-consideration of the representations filed against the detention order. It is averred that because of non-consideration of the representations, the detention order is liable to be quashed. Copy of the representations having been received by the respondents is annexed with the writ petition.

(3.) The respondents have filed their objections and have defended the order of detention, stating therein that the order of detention was passed by the detaining authority after being satisfied on the basis of the material available including the dossier submitted by Senior Superintendent of Police, Budgam, that it was necessary with a view to prevent the detenue from acting in any manner prejudicial to the security of the State to place the detenue under preventive detention. It is submitted that the detention of the dentenu has been ordered strictly in accordance with the provisions of J&K Public Safety Act, 1978 (for short "the Act") and the procedural safeguards prescribed under the provisions of the Act, have strictly been followed in the instant case.