YAWAR AHMAD SHERGOJRI Vs. UT OF J&K

JUDGEMENT

(1.) By the medium of this petition, veracity and validity of the order of detention bearing No. 29/DMA/PSA/DET/2021 dtd. 12/7/2021, issued by District Magistrate, Anantnag (for brevity "Detaining Authority"), has been assailed. In terms of the impugned order, Shri Yawar Ahmad Shergojri son of Mohd. Yousuf Shergojri resident of Naina Batapora District Pulwama, has been placed under preventive detention and lodged in Central Jail, Jammu, Kotbhalwal.

(2.) The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind. It has been further contended that 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 material forming basis of the impugned order of detention and translated version thereof has not been provided to the detenue. The petitioner has gone on to contend that he has not been informed as to before which authority he had to make a representation. It is also contended that the petitioner was already in custody when the impugned detention order of detention was passed and the detaining authority has not spelled out the compelling reasons for passing the impugned order.

(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 on the part of the Detaining Authority while passing the impugned order and that the detenue has been provided all the material. The learned counsel for the respondents also produced the detention records to lend support to the stand taken in the counter affidavit.