GULZAR AHMAD WANI Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) District Magistrate, Pulwama-respondent no. 2 herein, by order No. 26/DMP/PSA/DPO/21/17-20 dtd. 3/6/2021, has placed Gulzar Ahmad Wani S/o Mohammad Ismail Wani R/o Chowgam ChutergulTehsil Shangus District, Anantnag, (for short "detenue") under preventive detention to prevent him from acting in any manner prejudicial to the security of the state and directed his lodgment in Central Jail Kotbhalwal, Jammu. It is this order of which petitioner is aggrieved of and seeks its quashment.

(2.) The detenue through his wife has filed the instant petition stating therein that the 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. The concerned police station wants the detenue to act as their informer which the detenue refused and as a matter of revenge the police manipulated a false case against the detenue and got detention order against the detenue. The detention order is replica of the dossier, however, 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, which violates the rights of the detenue as guaranteed under Article 22 of the Constitution and Sec. 13 of the Public Safety Act. 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 the detenue has read only up to 8th class.

(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 as the detaining authority was not certain as to whether the detention order is to be passed either on the ground of Security of the State or maintenance of public order.