JAVAID IQBAL ITOO Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) By the instant petition, legality and veracity of the detention order No.04/DMA/PSA/DET dtd. 7/4/2022, issued by District Magistrate, Anantnag (for brevity "Detaining Authority") is challenged. In terms of the aforesaid order, Javid Iqbal Itoo son of Late Gh. Mohi-din Itoo resident of Sundoo Achabal District Anantnag (for short "detenu") has been placed under preventive detention and lodged in Central Jail, Kotbhalwal.

(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 mere reproduction of the dossier. It has been further contended that the Statutory safeguards have not been complied with in the instant case. It has been urged that the material which formed basis of the grounds of detention and the consequent order of detention has not been provided to the detenue. It has also been contended that there is non-application of mind on the part of the detaining authority while passing the impugned detention order.

(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 impugned detention order has been passed validly and after following all norms and procedural safeguards. It has also been contended that the detention order and grounds of detention were handed over to the detenue and the same were read over and explained to him. That the whole material relied upon by the detaining authority has been furnished to the detenue. It is averred that the grounds urged by the petitioner are legally misconceived, factually untenable and without any merit. The respondents have produced the detention records in order to buttress the contentions raised in the counter affidavit.