MANZOOR AHMAD MIR. Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner, Mst. Shahmeema seeks quashment of Order No. 03 DMK/PSA of 2022 dtd. 14/3/2022, passed by the District Magistrate, Kupwara-respondent no. 2 herein, whereby Manzoor Ahmd Mir @ Man Kachur S/o Abdul Jabbar Mir R/o Mir Mohalla Khumriyal District, Kupwara (for short "detenue") has been placed under preventive detention to prevent him from acting in any manner prejudicial to the maintenance of security of the state and directed his lodgment in Central Jail Kotbalwal, Jammu.

(2.) It is stated in the petition that detenue is a peace loving citizen has never indulged in any subversive or unlawful activity which would cause prejudice to the security of the state or maintenance of public order. That the detention order is replica of the dossier, as the Detaining Authority has failed to prepare the grounds of detention itself which is a pre-requisite for passing any detention order. The relevant material on which the detention order has been passed has also not been supplied to the detenue which has prevented the detenue to make an effective representation. It is further urged that the detenue was not informed that within how much time he can make a representation against his detention to the Detaining Authority or to the Government, no period was specified which violates the rights of the detenue as guaranteed under Article 22 of the Constitution and Sec. 13 of the Public Safety Act. That the grounds of the detention were never readover and explained to the detenue in his local Kashmiri or Urdu language which he could have understood as being a semiliterate person. That no compelling or cogent reason has been assigned by the Detaining authority which necessitates the passing of the detention order.

(3.) The detenue has raised several other grounds to challenge the detention order. The counsel for the detenue, however mainly laid emphasis on the ground that the detention order has been issued without application of mind on both the grounds, i.e., Security of the State as also the maintenance of public order.