IMTIYAZ AHMAD LONE Vs. U.T. OF J&K

JUDGEMENT

(1.) The District Magistrate, Anantnag vide his order No. 52/DMA/PSA/DET/2021 dtd. 13/1/2022, detained Imtiyaz Ahmad Lone S/o Mohammad Dilawar Lone under Sec. 8 of the Jammu and KashmirPublic Safety Act,1978 to prevent him from acting in a manner prejudicial to the maintenance of public order. This order of detention is assailed by the detenue through his father, Mohammad Dilawar Lone.

(2.) The contention of the detenue is that the Detaining Authority has passed the order of detention without any application of mind. The order of detention amongst others has been challenged by the detenue on the grounds that; (i) the allegations made in the grounds of detention are vague and non-existent and no prudent man can make a representation against the same. (ii) the allegations reflected in the grounds of detention are vague and do not justify the passing of detention order on the basis of such allegations. (iii) the detaining authority has not prepared the grounds of detention by itself, which is a pre-requisite for passing any detention order. (iv) the grounds of detention are replica of the police dossier and clearly depicts the non-application of mind on the part of detaining authority.(v) the detenue had not been furnished all the relevant material like copy of the dossier and other connected material relied upon by the Detaining Authority, while passing the order of detention and the same had prevented the detenu from making an effective representation. (vi) the detenue was arrested in FIR No. 65 of 2021 and was released on bail but this has not been noticed by the Detaining Authority, as such, there is non-application of mind. (vii) there is delay in execution of the detention order which has casts a shadow of doubt on the necessities of same and this has rendered the detention invalid.

(3.) Ms. Insha Rashid, learned G.A has filed a counter affidavit as well as produced the detention record.