MUSHTAQ AHMAD AHANGAR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) By the instant petition, veracity and legality of the detention order No.DMS/PSA/34/2021 dtd. 5/8/2021, issued by District Magistrate, Srinagar (for brevity "detaining authority") has been challenged. In terms of the aforesaid order, Mushtaq Ahmad Ahangar son of Ali Mohammad Ahangar resident of Khonmoh Srinagar (for short "detenue") has been placed under preventive detention and lodged in District Jail, Kupwara.

(2.) The 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 vague, non-existent on which no prudent man can make a representation against such allegations. It has been further contended that the Constitutional and Statutory procedural safeguards have not been complied with in the instant case. It has been further urged that there has been non-application of mind on the part of detaining authority while passing the impugned detention order, inasmuch as the detenue was already admitted to bail in one of the FIRs, mention whereof has been made in the grounds of detention.

(3.) The respondents, in their counter affidavit, have disputed the averments made in the petition and insisted that the activities of detenue are highly prejudicial to the security of the State. It is pleaded that the detention order and grounds of detention along with the material relied upon by the detaining authority were handed over to the detenue and the same was read over and explained to him. That the grounds urged by the petitioner are legally misconceived, factually untenable and without any merit. To substantiate their stand taken in the counter affidavit, the respondents have produced the detention record.