MUSHTAQ AHMAD BHAT Vs. UT OF J&K

JUDGEMENT

(1.) Through the medium of instant petition quashment of detention order bearing No. 20/DMB/PSA/2021 dtd. 21/10/2021, (hereinafter for short the "impugned order,) passed against the detenu, namely, Mushtaq Ahmad Bhat, is being sought for by the petitioner as also a writ of Habeas Corpus for his release.

(2.) It is being stated in the petition that the detenu is a law abiding and peace-loving citizen and has never been involved in any subversive activity prejudicial to the public order or Security of the State. It is being stated that the detenu believes in peace and harmony and has always been upholding the sovereignty, integrity of the country. It is also being stated that detenu is a social activist, income tax payer and has received commendation from the Government during the social work he has undertaken in the service of the people whose residential houses and other properties were damaged during the earthquake in 2008 and to cement this fact he has annexed certificates of commendation with the instant petition. The detenu is stated to have been arrested on 20th of October, 2021 on the allegations of having developed contacts with various terrorist / secessionist organization to carry out the activities of secessionism and terrorism and was kept in lockup in Police Station, Baramulla, and thereafter placed under preventive detention in terms of impugned order of detention and shifted to District Jail Kupwara on 29thof October 2021.

(3.) The impugned order is being challenged, inter alia, on the grounds that detenu had not been provided copies of the relevant material, like copy of dossier, details of any incidence with regard to the alleged association of the detenu with the terrorist organizations or any particular incident regarding his links with secessionist organizations, date and year when the detenu has done that, not a single incident has been spelt out,referred to in the grounds of detention, material, if any, collected during the course of investigation, thus, depriving him to file an effective representation against his detention. The said failure is stated to have infringed the constitutional and statutory rights of the detenu guaranteed under Article 22(5) of the Constitution of India and Sec. 13 of Jammu and Kashmir Public Safety Act.