SHOWKAT AHMAD GANAI Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Through the medium of the present petition, the detenue is seeking a Writ of Certiorari for quashing the detention order bearing No.DMB/PSA/02 of 2021 dtd. 18/10/2021, passed by District Magistrate, Budgam (for short "detaining authority") with a view to prevent him from acting in any manner prejudicial to the security of the State. The order is, purportedly, passed by the detaining authority in exercise of powers conferred under Sec. 8 of the J&K Public Safety Act, 1978 (for short "the Act").

(2.) The impugned order has been assailed by the detenue, INTER ALIA, on the following grounds:

(3.) Respondents, despite direction, have not produced the detention record, however, reply affidavit has been filed on their behalf, wherein besides other contentions, it is submitted that detention was necessitated because of involvement of the detenue in very serious offences against the State as mentioned in the FIRs registered against him. The detenue was informed that he can make a representation to the Government as well as the Detaining authority against his detention. It is further claimed in the reply affidavit that all statutory requirements and constitutional guarantees have been fulfilled and complied with by the Detaining authority. The order has been issued validly and legally. The respondents have placed reliance on various judgments of the Supreme Court including Haradhan Saha v. State of W.B (1975) 3 SCC 198.