UMAIR MUSHTAQ RATHER Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner is aggrieved of the order bearing No. No. 41 DMK/PSA/2022 dtd. 20/6/2022, passed by District Magistrate, Kulgam-respondent no. 2 herein (Detaining Authority), whereby, the detaining authority has placed Umair Mushtaq Rather son of Mushtaq Ahmad Rather resident of Gopalpora, Sheikh Mohalla District, Kulgam (for short "detenue") under preventive detention to prevent him from acting in any manner prejudicial to the security of the State and directed his lodgment in Kotbhalwal, Jail, Jammu.

(2.) It is stated in the petition that detenu has been arrested in the month of May, 2022 after he was called in Police Station D. H. Pora and was detained there illegally for about one month, however, during the illegal detention, the detenue came to be detained in terms of the impugned detention order and directed to be lodged in Kotbal, Jail Jammu. It is urged that grounds of detention have no nexus with the detenue but have been prepared to justify the illegal detention of the detenue. The grounds of detention are vague, non-existent and no prudent man can make a representation against such order. The detenue was not handed over the relevant material. The detenue after receipt of the detention order made a representation dtd. 5/7/2022 seeking revocation/recalling of the detention order or in alternative provide him the entire material, reference whereof is given in the detention order so that he is able to make an effective and meaningful representation for recalling of order of the detention.

(3.) The detenue has raised several other grounds to challenge the detention order, however, the counsel for the detenue only emphasize on the aforesaid ground of challenge.