ISHFAQ AHMAD GANIE Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Impugned in this petition is the detention order No.DMS/PSA/ 131/2021 dtd. 28/2/2022, issued by District Magistrate, Srinagar (for brevity "Detaining Authority") is sought. In terms of the aforesaid order, Ishfaq Ahmad Ganaie @ Aqib Puj son of Ghulam Mohammad Ganaie resident of Chadoora Budgam (for short "detenu") has been placed under preventive detention and lodged in Central Jail, Srinagar.

(2.) The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind and the procedural safeguards have not been complied with in the instant case. It has been further urged that the material which formed basis of the grounds of detention and the consequent order of detention has not been provided to the detenue.

(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 is pleaded that the detention order and grounds of detention were handed over to the detenue and the same were read over and explained to the detenue. That the grounds urged by the petitioner are legally misconceived, factually untenable and without any merit and that all the constitutional and procedural safeguards have been strictly followed while issuing the impugned order. The respondents have produced the detention record in order to buttress the contentions raised in the counter affidavit.