FURQAN AHMAD SHAH Vs. UT OF J&K

JUDGEMENT

(1.) District Magistrate, Pulwama (hereinafter called "Detaining Authority?) in exercise of powers under Sec. 8 of the Jammu and Kashmir Public Safety Act, 1978, passed the detention Order No. 42/DMP/PSA/21 dtd. 18/10/2021 (for short "impugned order"), in terms whereof the petitioner namely Furqan Ahmed Shah S/O Saif-ud-din Shah R/O Midoora Tehsil Awantipora, District Pulwama (for short "detenue?) was ordered to be detained and lodged in Central Jail, Jammu.

(2.) The impugned detention order has been challenged through the medium of the instant petition, being in breach of the provisions of Article 22(5) of the Constitution of India read with Sec. 13(1) of the J&K Public Safety Act, 1978.

(3.) It is being pleaded in the petition that the detaining authority-respondent No.2 has not attributed any specific allegation against the detenue. Furthermore, it is stated 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 is also stated that the material which formed basis of the grounds of detention and consequent order of detention has not been provided to the detenue. It is also the submission of learned counsel for the petitioner that the order of detention and the connected documents annexed with the petition clearly show violation of rights of the detenue guaranteed in terms of the Article 22(5) of the Constitution of India.