FAIZAN AKHTER BHAT Vs. UT OF J&K

JUDGEMENT

(1.) In this petition, the order of detention, bearing no.DMS/PSA/43/2022 dtd. 15/4/2022, passed by District Magistrate, Srinagar (respondent no.2), placing Faizan Akther Bhat S/o Akther Hussain Bhat resident of Gousia Colony Khanyar, Srinagar, (for short "detenu") under preventive detention and directing his lodgement in Central Jail, Kotbhalwal, Jammu, is sought to be quashed on the grounds made mention of therein.

(2.) The case set up by petitioner in the petition is that detenu was arrested by the Police in the year 2021 and was taken to Police Station Khanyar, where he was detained illegally and thereafter detained under Public Safety Act vide order dtd. 15/4/2021. The detenu has already been admitted to bail in case FIR No. 38/2020 which fact has not been reflected in the grounds of detention which shows non-application of mind on part of detaining authority.

(3.) It is also stated that detaining authority while passing impugned detention order has mentioned that detenu is being placed under preventive detention as his activities are prejudicial to the maintenance of public order whereas in the grounds of detention, it is mentioned that the activities of the detenu are highly prejudicial to the maintenance of public order as well as security of the UT of J&K, which reflects non-application of mind on the part of detaining authority because detention order is to be issued either for public order or for security of the State but not under both the heads. It is also averred that the detenu is an illiterate person and grounds of detention, served upon him, are based on hyper technical language, which is neither understandable nor communicable to detenu. It is also stated that the material relied upon by detaining authority has not been furnished to the detenu to enable him to make an effective representation against his detention.