REYAZ AHMAD BHAT Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has questioned in this writ petition the legality and validity of the order No.37/DMA/PSA/DET/2021 dtd. 17/10/2021, issued by respondent No.2-District Magistrate, Anantnag, under Sec. (8) of the J&K Public Safety Act (for brevity "Detaining Authority") whereby Shri Reyaz Ahmad Bhat son of Late Abdul Salam Bhat resident of Chontpora Verinag District Anantnag (for short "detenue") has been placed under preventive detention and directed to be lodged in Central Jail, Kotbhalwal Jammu.

(2.) The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the Constitutional and Statutory procedural safeguards have not been complied with in the instant case.

(3.) The respondents, in their counter affidavit, have disputed the averments made in the petition and insisted that the activities of detenue are highly prejudicial to the security of the State. It has been averred in the reply that the detaining authority has followed the provisions of J&K Public Safety Act and the detenue has been detained only after following due procedure. It is pleaded that the detention order and grounds of detention along with relevant material were handed over to the detenue and same were read over and explained to him. The grounds taken by the petitioner are legally misconceived, factually untenable and without any merit. The learned counsel for the respondents also produced the detention record to lend support to the stand taken in the counter affidavit.