JAVID AHMAD MIR Vs. UTOF J&K

JUDGEMENT

(1.) In this petition, the order of detention, bearing no.DMS/PSA/36/2021 dtd. 23/8/2021, passed by District Magistrate, Srinagar (respondent no.2), placing Javid Ahmad Mir S/o Bashir Ahmad Mir resident of Gota Pora Narbal, District Budgam, (for brevity "detenu") under preventive detention and directing his lodgement in District Jail, Kupwara, is sought to be quashed on the grounds made mention of therein.

(2.) The case set up by petitioner in the petition is that detenu is a carpenter and remains always busy in earning his livelihood. It is also stated that detaining authority while passing impugned detention order has mentioned in the grounds of detention that detenu is being placed under preventive detention as his activities are prejudicial to the maintenance of public order whereas in the grounds of detention it is mentioned that the activities of the detenu are highly prejudicial to the maintenance of public order as well as security of the UT of J&K, which reflects non-application of mind on the part of detaining authority because detention order is to be issued either for public order or for security of the State but not under both the heads. It is also averred that the detenu is an illiterate person and grounds of detention, served upon him, are based on hyper technical language, which is neither understandable nor communicable to detenu. It is also stated that the material relied upon by detaining authority has not been furnished to the detenu to enable him to make an effective representation against his detention.

(3.) Reply has been filed by respondents, vehemently resisting the petition. The detention record has also been produced by the learned counsel for the respondents to substantiate the averments made in the Reply.