SHAHZAIB YASEEN WANI Vs. UT OF J&K

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India filed by one Shahzaib Yaseen Wani, ["the detenue"], through his father seeking quashment of his detention order no. DMS/PSA/48/2021 dtd. 9/10/2021 issued by District Magistrate, Srinagar, whereby the detenue has been put under preventive detention with a view to prevent him from acting in any manner prejudicial to the maintenance of public order.

(2.) The impugned order is assailed by the detenue on the ground that the representation submitted by the detenue through his father to the Principal Secretary to government, Department of Home, received by his office vide receipt number 284276/2021/CRV/1 KMR dtd. 25/10/2021 has not been considered, and, therefore, a valuable fundamental right guaranteed to the detenue under Article 22 of the Constitution of India has been violated.

(3.) The detenue has also challenged the impugned order on the ground that the detaining authority has not shown its awareness with regard to the grant of bail to the detenue in FIR 19/2021 which speaks volumes about the non-application of mind on the part of the detaining authority. It is lastly urged that the relevant material relied upon in the grounds of detention was never served on the detenue, which disabled him to make effective representation against his detention.