AAKIB HUSSAIN BHAT Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Aakib Hussain Bhat ["the detenue"] has filed this petition through his brother, seeking quashment of detention order passed by District Magistrate, Anantnag ["the detaining authority"] vide No. 28 DMA/PSA/DET/2021 dtd. 12/7/2021, impugned in this petition.

(2.) By virtue of the impugned detention order passed by the detaining authority in exercise of powers conferred under sec. 8 of the Jammu and Kashmir Public Safety Act, 1978 ["the Act"], the detenue has been taken into preventive custody with a view to prevent him from acting in any manner, prejudicial to the security of the state. The impugned detention order has been passed on the basis of material supplied by the police in the shape of dossier and other allied documents.

(3.) The impugned detention order is assailed by the detenue, primarily on the grounds: (1) That the detenue was already in custody in FIR No. 30 of Police Station Srigufwara, when the detention order was passed and there was no likelihood of the detenue getting released on bail. (2) That the material on which the detaining authority has passed the impugned detention order, has not been supplied to the detenue, thereby, preventing him to make an effective representation. (3) That the detaining authority has drawn its satisfaction on the basis of dossier placed before it by the police authorities.