JAVED AHMAD BHAT Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Impugned in this petition is Order No.13/DMP/PSA/21 dtd. 4/3/2021 issued by the District Magistrate, Pulwama, respondent No.2 herein, whereby Javaid Ahmad Bhat, petitioner herein (for brevity, detenu), has been placed under preventive detention under the J&K Public Safety Act so as to prevent him from acting in any manner prejudicial to the security of the State.

(2.) The case as set up by the petitioner-detenu is that respondent No.2 while slapping preventive detention of detenu has not adhered to the constitutional safeguards available to him under the Constitution of India as well as the J&K Public Safety Act, 1978. It is contended that the detaining authority has issued the detention order without application of mind, arbitrarily and misusing the power vested with respondent No.2, thus deprived the petitioner of his fundamental right to life and liberty guaranteed to him under Article 21 of the Constitution of India. Further, it is contended that he had never been involved in any subversive or unlawful activities which would cause prejudice to the security of the State. It is contended that neither the grounds of detention nor any other material considered in framing the grounds of detention were ever supplied to him. The status of FIRs, which have been made basis for issuing the detention order, have not been disclosed. It is contended that he was not informed that he had a right to make a representation against his detention order nor the respondents disclosed to him before which authority of Government he can make the representation. Further, it is contended that the communication received from the Superintendent of Police by respondent No.2, which was made basis for issuing the detention order, was not supplied to him, so as to enable him to make an effective representation.

(3.) Respondents in their counter affidavit resisted the contentions of petitioner-detenu averring therein that the aim of preventive detention under the Public Safety Act is to stop the illegal activities of an individual which otherwise cannot be stopped when such an individual creates havoc in the society which leads to public disorder, peace, stability and in certain cases also raises alarm bells regarding the nation's unity and integrity. It is averred that the petitioner-detenu falls under the category of being a threat to security of the State. It is further averred that each and every norm has been followed while detaining the detenu under the Public Safety Act. Further, it is contended that the grounds of detention, order of detention as well as entire material relied upon by the detaining authority came to be furnished to the detenu well within the statutory period provided under Sec. 13 of the Act. It is also contended that since the activities of the detenu were highly prejudicial to the security of the State, therefore, to prevent him from acting in such activities, he has been detained strictly in accordance with the provisions of the Public Safety Act.