SHABIR AHMAD NAJAR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Impugned is the Order No.03/DMP/PSA/2022 dtd. 3/3/2022, having been passed by District Magistrate, Pulwama (for brevity "Detaining Authority"), thereby placing under preventive detention one Shabir Ahmad Najar son of Ghulam Ahmad Najar resident of Wuyan Khrew Tehsil Pampore, District Pulwama, (for short "detenue") with a view to preventing him from acting in any manner prejudicial to the maintenance of public order and lodging him in Central Jail, Kotbhalwal, Jammu, on the grounds tailored in petition on hand.

(2.) The case set up in petition is that detenue was arrested on 7/8/2021, by Police Station, Khrew and was falsely booked in case FIR No. 52/2021 under Sec. 18, 20 and 38 ULAP Act stands registered in Police Station Khrew. During the continuation of arrest of the detenue, he was taken into preventive detention vide impugned detention order. It is urged that the statutory procedural safeguards as provided under Article 22(5) of the Constitution of India has not been followed by the Detaining Authority; the detenue has been falsely implicated in case FIR No. 52/2021 under Sec. 18, 20 and 38 ULAP Act and the relevant material with regard to the aforesaid FIR was never furnished to the detenue, resulting in depriving him from filing the representation before the Government or before the Detaining Authority; that the detention order was passed on the basis of the dossier/material provided by Sr. Superintendent of Police, Pulwama to the Detaining Authority; that the Detaining Authority has acted on the dictation of law enforcement agencies without independent application of mind.

(3.) Counter affidavit has been filed by respondent no.2, vehemently resisting the petition.