BASHIR AHMAD KOKA Vs. UT OF J&K

JUDGEMENT

(1.) District Magistrate, Anantnag (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. 44/DMA/PSA/DET/2021 dtd. 19/10/2021 (for short "impugned order"), in terms whereof the Petitioner namely Bashir Ahmed Koka S/O Late Mohammad Jamal Koka R/O Dardpora chaklipora, Achabal District Anantnag (for short "detenue") was ordered to be detained and lodged in Central Jail, Jammu.

(2.) The impugned detention order has been challenged through the medium of the instant petition on following grounds:-

(3.) Respondents have filed counter Affidavit asserting therein that the material has been supplied to the detenue in the form of grounds of detention and the detenue was also informed of his right to make a representation to the government against his detention but he did not file representation which means he had no grievance or complaint against his preventive detention. It is also stated that the grounds of detention are precise, proximate, pertinent and relevant and there is no vagueness or staleness in the grounds of detention. It is also averred in the counter affidavit that the detention of the detenue has been ordered strictly in accordance with the provisions of J&K PSA Act, 1978 and the procedural safeguards prescribed under the provisions of PSA and the rights guaranteed to the detenue under the constitution have strictly been followed in the case. Further it is stated that the grounds of detention give complete account of the activitiess of the detenue which on the face of it are highly prejudicial to the security of the State as such there was no option left to the detaining authority but to order detention of the detenue under PSA, 1978. Lastly that even grant of bail in criminal offence cannot debar the detaining authority to order prevent detention of an individual when preventive detention of such individual is found necessary as is the case in respect of the petitioner/detenue.