ZAIN UL HAFEEZ Vs. UTOF J&K

JUDGEMENT

(1.) Through the medium of this writ petition, Order No. DMS/PSA/44/2021 dtd. 9/9/2021, passed by District Magistrate, Srinagar (respondent no. 3) whereby detenu, namely, Zainul Hafeez S/o Mohammad Hafeez Malik R/o Natipora Azad Basti, Srinagar has been placed under preventive detention with a view to prevent him from indulging in the activities which are prejudicial to the maintenance of public order, is sought to be quashed and the detenu set at liberty on the grounds made mention of therein.

(2.) The case set up by petitioner in the petition is that the allegations made in the grounds of detention are vague and non-existent; that the material record, like dossier, copies of FIRs, material collected during investigation of those FIRs, shown in the grounds of detention have not been provided to the detenu by the detaining authority thereby depriving him of his legal right to make an effective representation against his detention order. It is also contended that the detaining authority while passing impugned detention order has mentioned that detenu is being placed under preventive detention as his activities are prejudicial to the maintenance of public order whereas in the grounds of detention it is mentioned that the activities of the detenu are prejudicial to the maintenance of public order as well as security of the UT of J&K, which reflects non-application of mind on the part of detaining authority because detention order is to be issued either for public order or for security of the State but not under both the heads, and as a corollary thereof impugned order of detention deserves to be quashed.

(3.) The respondents have resisted the petition by filing a counter affidavit thereto in which they have denied the contentions raised by the petitioner in the petition. The detaining authority has, in its affidavit, justified the grounds of detention as well as the impugned detention order while denying the allegation of non-supply of relevant material to the detenu. To substantiate their case, the respondents have produced the detention record.