SADAM HUSSAIN MIR Vs. UT OF J&K

JUDGEMENT

(1.) District Magistrate, Baramulla " respondent no.2 herein, by Order no.94/DMB/PSA/2020 dtd. 17/6/2020, has placed Sadam Hussain Mir S/o Ghulam Mohammad Mir R/O Mir Mohalla Brath Kallan, Sopore District Baramulla (for short "detenu") under preventive detention to prevent him from acting in any manner prejudicial to the security of the State and directed his lodgment in Central Jail Jammu. It is this order of which petitioner is aggrieved and seeks quashment thereof.

(2.) The counter Affidavit has been filed by the respondents, wherein the petition has been strenuously resisted by respondents. The detention record has also been produced by the learned counsel for the respondents to substantiate the statements made in counter affidavit.

(3.) Having heard learned counsel for parties and perused the file, it would be proper to go through the detention record, produced by the counsel for the respondents, so as to see whether the material, relied upon by detaining authority while issuing the impugned detention order, has been furnished to the detenu or not. The detention record, amongst others, comprises of "Receipt of Grounds of Detention", acknowledged by detenu, as also "Execution Report" of the detention. A perusal of "Receipt of Grounds of Dentation", reveals that only 02 leaves have been given to detenu. For quick reference, relevant extract of "Receipt of Grounds of Detention" is reproduced as under: