HUZAIF MUSHTAQ MATOO 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/146/2021 dtd. 7/3/2022 (for short 'impugned order'), in terms whereof the son of the petitioner namely Huzaif Mushtaq Matoo S/O Mushtaq Ahmad Matoo R/O Pampoosh Colony Noorbagh, Srinagar (for short 'detenue') was ordered to be detained and lodged in District Jail, Baramulla.

(2.) Though the detention order has been challenged on several grounds, but the main ground is that the representation filed against the detention order has not been considered by the Respondents till date. It is submitted that because of non-consideration of the representations, the detention order is liable to be quashed. Copy of the representation is annexed with the writ petition.

(3.) The Respondents have filed counter affidavit have defended the order of detention stating therein that the detaining authority after being satisfied on the basis of the material available including the dossier submitted by Senior Superintendent of Police, Srinagar it has become necessary to prevent the detenue from acting in any manner prejudicial to the 'security of the State' to place him under preventive detention. It is submitted that the detention of the dentenu has been ordered strictly in accordance with the provisions of J&K Public Safety Act, 1978 (for short 'the Act') and the procedural safeguards prescribed under the provisions of the Act and the right guaranteed to the detenu under the Constitution have strictly been followed. It is further submitted that activities of the detenue are highly prejudicial to the security of the Union Territory of J&K and, therefore, there was no option left to the detaining authority, but to order detention of the detenu under the Act. It is also urged that the grounds of detention sufficiently connect the detenue with the activities which are highly prejudicial to the security of the UT of J&K, as such, the detention of the detenue is legal.