MOHAMMAD RAFIQ RATHER Vs. UT OF J&K

JUDGEMENT

(1.) District Magistrate, Srinagar (hereinafter called "Detaining Authority") in exercise of powers under Sec. 8 of the Jammu and Kashmir Public Safety Act, 1978, passed the detention Order No. DMS/PSA/114/2021 (for short 'impugned order') on 29/1/2022, in terms whereof the petitioner namely Mohammad Rafiq Rather @ Setha S/O Ghulam Mohammad Rather R/O Abi Gurpora Rainwari, Srinagar (for short 'detenue') was ordered to be detained and lodged in District Jail Kupwara.

(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(1) 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 in the language understood by him, 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. Further it is contended that the material which formed basis of the grounds of detention has not been provided to the detenue.