YAMEEN ALTAF DAR Vs. UT OF J&K

JUDGEMENT

(1.) By the instant petition, quashment of order No.2/DMK/PSA/2021 dtd. 19/4/2021, issued by District Magistrate, Kulgam (for brevity 'Detaining Authority') is sought. In terms of the aforesaid order, Yameen Altaf Dar son of Mohd. Altaf Dar resident of Redwani Bala Qaimoh District Kulgam (for short 'detenu') has been placed under preventive detention and lodged in Kotbhalwal Jail, Jammu.

(2.) The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as 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 and that the grounds of detention are vague.

(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 security, sovereignty and integrity of the UT. It is pleaded that the detention order and grounds of detention were handed over to the detenue and same were read over and explained to him. That the grounds urged by the petitioner are legally misconceived, factually untenable and without any merit and that all the procedures were followed strictly while passing the impugned detention order.