MOHAMMAD HANIEF BHAT Vs. UT OF J&K

JUDGEMENT

(1.) By the medium of this petition, veracity and validity of the order of detention bearing No.DMS/PSA/45/2021 dtd. 9/9/2021, issued by District Magistrate, Srinagar ("the Detaining Authority"), has been assailed. In terms of the impugned order, Shri Mohammad Hanief Bhat @ Haneef Peer son of Mohammad Sidiq Bhat resident of Gurpora Khushki Rainawari, Srinagar, has been placed under preventive detention and lodged in District Jail, Kupwara.

(2.) The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind. It has been further contended that the Constitutional and Statutory procedural safeguards have not been complied with in the instant case. It has also been urged that the allegations made against the detenue in the grounds of detention are vague. The petitioner has gone on to contend that whole of material forming the basis of the detention order has not been provided to him thereby violating his right guaranteed under the Constitution.

(3.) The writ petition is opposed by the respondents who have filed reply affidavit on behalf of the detaining authority. The factual submissions made by the petitioner have not been refuted in the reply affidavit filed by the respondents, who have contended that the detention order is based on the subjective satisfaction of the detaining authority and that the same cannot be gone into by this Court in exercise of its extraordinary writ jurisdiction. It is contended that the detenue has been detained only after following the due procedure; that there has been proper application of mind on the part of the Detaining Authority while passing the impugned order and that the detenue has been provided all the material. The learned counsel for the respondents also produced the detention records to lend support to the stand taken in the counter affidavit.