FAISAL HASSAN NAIKOO Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Through the medium of instant writ petition, quashment of Order No. 46 DMB/PSA/2022 dtd. 9/4/2022, passed by the respondent No. 2- District Magistrate, Baramulla (hereinafter called "Detaining Authority") in exercise of powers under Sec. 8 of the Jammu and Kashmir Public Safety Act, 1978, in terms whereof the brother of the petitioner namely, Faisal Hassan Naikoo S/O Ghulam Hassan Naikoo R/O Qazi Hamam, Tehsil and District, Baramulla (for short "detenue") was ordered to be detained and lodged in Central Jail Kotebalwal, Jammu, has been sought on the grounds taken in the memo of the petition.

(2.) Though the detention order has been challenged on several grounds, but the main ground taken by the petitioner is that the representation filed against the detention order has not been considered by the respondents till date. It is submitted that because of non-consideration of the representation, the detention order is liable to be quashed. Copy of the representation is annexed with the writ petition.

(3.) The respondents in their counter have defended the order of detention, stating therein that the detaining authority after being satisfied on the basis of the material available including the dossier submitted by Senior Superintendent of Police, Baramulla, it had become necessary to prevent the detenue from acting in any manner prejudicial to the "maintenance of security of the State" to place him under preventive detention. It is stated 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 and the rights guaranteed to the detenue under the Constitution are protected. It is further submitted that activities of the detenue are highly prejudicial to the security of the Union Territory of J&K and, therefore, there was no option left to the detaining authority, but to order detention of the detenue under the Act. It is also urged that the grounds of detention sufficiently connect the detenue with the activities which are highly prejudicial to the security of the UT of J&K, as such, the detention of the detenue is legal.