ADIL MANZOOR MIR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) By the medium of instant petition, petitioner has challenged legality and veracity of the detention order No.07/DMA/PSA/DET/2021 dtd. 26/2/2021, issued by District Magistrate, Anantnag (for brevity "Detaining Authority") whereby Shri Adil Manzoor Mir son of Manzoor Ahmad Mir resident of Heaven Colony Ashajipora Anantnag(for short "detenu") has been placed under preventive detention and directed to be lodged in District Jail, Kathua.

(2.) 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. It has also been urged that the allegations made against the detenue in the grounds of detention are vague and that the detenue has been disabled from making an effective representation against his detention as the material forming basis of the grounds of detention has not been furnished to the detenue.

(3.) The respondents, in their counter affidavit, have disputed the averments made in the petition and stated that they have followed the provisions of J&K Public Safety Act. It is contended that the detenue has been detained only after following due procedure; that the grounds of detention were read over to the detenue; that there has been proper application of mind for detaining the detenue and that the detenue has been provided all the material. The learned counsel for the respondents also produced the detention record to lend support to the stand taken in the counter affidavit.