IMRAN SADIQ THAKOO Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) By the instant petition, veracity and legality of the detention order No.DMS/PSA/54/2021 dtd. 13/10/2021, issued by District Magistrate, Srinagar (for brevity "detaining authority") has been challenged. In terms of the aforesaid order, Imran Sadiq Thakoo son of Mohammad Sadiq Thakoo resident of Zaindar Mohalla Habbakadal, Srinagar (for short "detenue") has been placed under preventive detention and lodged in Central Jail, Srinagar.

(2.) The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the allegations mentioned in the grounds of detention have no nexus with the detenue and that the same have been fabricated by the police in order to justify its illegal action of detaining the detenue. It has been contended that the grounds of detention are vague and cryptic, on the basis of which no prudent man can make a representation against such allegations. It has been further contended that the procedural safeguards have not been complied with in the instant case, inasmuch as whole of the material which formed basis of the impugned detention order has not been supplied to the petitioner.

(3.) The Respondents, in their counter affidavit, have disputed the averments made in the petition and have insisted that the activities of detenue are highly prejudicial to the maintenance of public order. It is pleaded that the detention order and grounds of detention along with the material relied upon by the detaining authority were handed over to the detenue and the same were read over and explained to him. That the grounds urged by the petitioner are legally misconceived, factually untenable and without any merit. To substantiate their stand taken in the counter affidavit, the Respondents have produced the detention record.