SHAHID BASHIR MIR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Impugned is the order of detention bearing No. 32/DMP/PSA/21 dtd. 18/8/2021 (for short "impugned order") passed by District Magistrate Pulwama (for short "detaining authority"), in terms whereof the detenue namely Shahid Bashir Mir has been taken into preventive detention under Sec. 8 of the J&K Public Safety Act, 1978 ( for short "the Act"). The said detention order is being challenged through the medium of the instant petition, being in breach of the provisions of Article 22(5) of the Constitution of India read with Sec. 13 of the J&K Public Safety Act, 1978.

(2.) It is being pleaded in the petition that the detaining authority has not attributed any specific allegation against the detenue. Furthermore, it is stated that the detenue has been incapacitated in filing a representation for omission on part of the detaining authority as the grounds of detention do not reveal as to who were the anti-national elements accompanied by the detenue for carrying out the specific activities. It is also the submission of the detenue that the order of detention and the connected documents annexed with the petition clearly show violation of right of the detenue guaranteed in terms of the Article 22(5) of the Constitution of India.

(3.) Respondents in their counter affidavit have stated that the detenue was ordered to be detained with a view to prevent him from acting in a manner prejudicial to the" security of the State" and if he would be let free there will be every likelihood of his re-indulging in subversive activists and will continue to instigate the youth of the area to indulge in such activities.