LAWS(J&K)-2022-11-23

MUSHTAQ AHMAD MIR Vs. UNION TERRITORY OF J&K

Decided On November 17, 2022
Mushtaq Ahmad Mir Appellant
V/S
Union Territory Of JAndK Respondents

JUDGEMENT

(1.) Through the medium of this writ petition, the order no.15-DMK/PSA OF 2021 dtd. 19/10/2021, passed by District Magistrate, Kupwara (for brevity "detaining authority") whereby one, Mushtaq Ahmad Mir S/o Abdul Khaliq Mir R/o Chak Nutnussa, Kupwara (for short "detenu"), has been placed under preventive detention so as to prevent him from acting in any manner prejudicial to the security of the State and directed his lodgement in Central Jail Jammu Kot-Bhalwal, has been challenged precisely on the following grounds:

(2.) Respondents have resisted the petition by filing reply affidavit in which they have denied contentions contained in the petition and have submitted that there is no illegality in the order of detention as it was necessary to place detenu under preventive detention so as to prevent him from acting in any manner prejudicial to security of the State. Detaining authority has, in its affidavit, justified the grounds of detention as well as impugned detention order while denying allegation of non-supply of relevant material to the detenu. To substantiate their case, the respondents have produced the detention record.

(3.) I have heard learned counsel for parties and considered the matter.