RIZWAN AKBAR NAJAR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Through the medium of this petition, petitioner seeks quashment of the Detention Order No. DMS/PSA/05/2022 dtd. 7/4/2022, passed by District Magistrate, Srinagar, whereby detenu, namely, Rizwan Akbar Najar S/o Mohammad Akbar Najar R/o Natipora Channa Mohalla, Chanapora, Srinagar, has been placed under preventive detention with a view to prevent him from indulging in the activities which are prejudicial to the maintenance of security of the State, and release of the detenu.

(2.) The main grounds, on which the detention is sought to be quashed, are that the grounds of detention are vague, indefinite and no prudent man can make an effective representation against these allegations inasmuch as case mentioned in grounds of detention has no nexus with detenu and detaining authority has not given any reasonable justification to pass impugned order of detention; that the material relied upon including dossier by the detaining authority to pass detention order has not been furnished to the detenu to enable him to make an effective representation against his detention, as a consequence of which impugned order of detention is liable to be quashed.

(3.) Respondents have filed reply/counter affidavit, insisting therein that there are very serious allegations against detenu as he has always been in the lead role in anti-social and anti-national activities, which are detrimental to the sovereignty and integrity of the country and, therefore, his remaining at large is a threat to the security of the State. The activities narrated in the grounds of detention have been reiterated in the reply/counter affidavit filed by respondents. The factual averments that detenu was not supplied with relevant material relied upon in the grounds of detention have been refuted. It is insisted that all the relevant material, which has been relied upon by the detaining authority, was provided to the detenu at the time of execution of warrant.