SHOWKAT AHMAD MIR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) District Magistrate, Baramulla (hereinafter called 'Detaining Authority') in exercise of powers conferred on him under Sec. 8 (1) (a) of the Jammu and Kashmir Public Safety Act, 1978, passed the detention Order No. 110/DMB/PSA of 2020 dtd. 15/10/2020 (for short impugned order), in terms whereof Showkat Ahmed Mir S/O. Nazir Ahmad Mir R/O. Ussaun Khoie, Pattan District Baramulla (for short 'detenue') has been detained and lodged in Central Jail Jammu.

(2.) The impugned detention order has been challenged through the medium of the instant petition, being in breach of the provisions of Article 22(5) of the Constitution of India read with Sec. 13 of the J&K Public Safety Act, 1978.

(3.) Petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the grounds of detention are mere reproduction of the dossier submitted by the Senior Superintendent of Police concerned. It has been further contended that the Constitutional and Statutory procedural safeguards have not been complied with in the instant case. It has been also urged that the allegations made against the detenue in the grounds of detention are vague and that the translated version of the documents/grounds of detention has not been provided to the detenue. It has also been contended that the petitioner has not been informed before whom he had to make a representation against his detention.