SHABIR AHMAD GANIE Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) By the instant petition, challenge has been thrown to the detention order No.23/DMA/PSA/DET/2021 dtd. 28/5/2021, issued by District Magistrate, Anantnag (for brevity "detaining authority"). In terms of the aforesaid order, Shabir Ahmad Ganie son of Abdul Rahim Ganie resident of Laktipora Arwani, Bijbehara District Anantnag (for short "detenue") has been placed under preventive detention and lodged in District Jail, Udhampur.

(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 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 there is no mention in the grounds of detention regarding the fact that the detenue had already been admitted to bail in the FIR, reference whereof has been made in the grounds of detention. It has further been contended that whole of the material forming basis of the grounds of detention has not been furnished to the detenue which has disabled him from making an effective representation against his 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 were 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.