RIYAZ AHMAD PARRAY Vs. UT OF J&K

JUDGEMENT

(1.) By medium of this petition, the petitioner has challenged detention order bearing No.12/DMB/PSA/2021 dtd. 18/10/2021, passed by District Magistrate, Baramulla (the detaining authority) whereby one Riyaz Khaliq Parray S/O Abdul Khaliq Parray R/o Watergam Rafiabad Tehsil Watergam District Baramulla, has been placed under preventive detention with a view to prevent him from acting in any manner prejudicial to the security of the State. The order is, purportedly, passed by the detaining authority in exercise of powers conferred under Clause (a) of Sec. 8 of the J&K Public Safety Act, 1978.

(2.) The impugned order has been assailed by the petitioner on various grounds but the main grounds on which much stress has been laid during the course of arguments are:

(3.) On being put to notice, the respondents appeared through their counsel and filed their reply affidavit, wherein it is submitted that the detention was necessitated because of involvement of the detenue in very serious offences against the State. That the detenue was informed that he can make a representation to the government as well as to the detaining authority against his detention. It is further claimed in the reply affidavit that all statutory requirements and constitutional guarantees have been fulfilled and complied with by the detaining authority. That the order has been issued validly and legally. The respondents have placed reliance on the judgment of the Supreme Court in Haradhan Saha v. State of W.B (1975) 3 SCC 198.