JAVID AHMAD DAR Vs. U.T. OF J&K

JUDGEMENT

(1.) Through the medium of this writ petition, the petitioner prays for quashment of detention Order No.DMB/PSA/29 of 2002 dtd. 27/6/2022, passed by District Magistrate, Budgam, whereby detenu, namely, Javid Ahmad Dar S/o Gh. Hassan Dar R/o Soznipora Yarikhah, Khansahib, Budgam, has been placed under preventive detention with a view to prevent him from acting in a manner prejudicial to the security of the State, on the grounds made mention of therein.

(2.) I have heard learned counsel for the parties and considered the matter. I have gone through the detention record produced by counsel for respondents.

(3.) Learned counsel for the petitioner has stated that the allegations made in the grounds of detention are vague and indefinite and no prudent man can make an effective representation against these allegations inasmuch as the cases mentioned in grounds of detention have no nexus with detenu and detaining authority has not given any reasonable justification to pass impugned order of detention. He has vehemently argued that grounds of detention are replica of dossier and unequivocally reflects and shows nonapplication of mind on the part of detaining authority and as a consequence of which impugned order of detention is liable to be quashed. He also states that detenu has never associated himself with any terrorist organisation and has also no connection with any terrorist organisation and he has never acted on the directions and signals of any persons whether inside or outside the Union Territory and that the detenu has never provided any logistic support or transported any arms of any person from one place to another and the detenus is not an OGW and is not in touch with any organisation and has not been taking any instruction from any person. It is averred that although representation was made by father of detenu to respondents as also to the Chairman, Advisory Board for releasing the detenu, yet the same was neither considered and decided by respondents nor detenu was produced before the Advisory Board for providing him an opportunity of being heard so that he could explain to the members of the Board that detenu is innocent and his order of detention deserves to be revoked and he be set at liberty.