GHULAM MOHAMMAD WAZA Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Through the medium of this writ petition, detention order No. 15/DMB/PSA/2022 dtd. 19/5/2022, passed by District Magistrate, Bandipora whereby detenu, namely, Ghulam Mohammad Waza S/o Ghulam Qadir Waza R/o Bagh Bandipora Tehsil and District has been placed under preventive detention with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, is sought to be quashed and the detenu set at liberty on the grounds made mention of therein.

(2.) The main grounds on which the detention is sought to be quashed are that the grounds of detention are vague, indefinite, cryptic , inasmuch as the detaining authority has not attributed any specific allegation against the detenu; that the detaining authority has not furnished the material including dossier, relied upon by it, to detenu to enable him to make an effective representation by giving his version of facts attributed to him and make an attempt to dispel the apprehensions nurtured by detaining authority concerning involvement of detenu in alleged activities; that grounds of detention do not give details or particulars of terrorists to whom detenu is alleged to have met or of those who are alleged to have been given assistance by the detenu.

(3.) Respondents have filed reply affidavit, insisting therein that the activities indulged in by detenu are highly prejudicial to the maintenance of public order and, therefore, his remaining at large is a threat to the maintenance of public order. The activities narrated in the grounds of detention have been reiterated in the reply affidavit filed by respondents. The factual averments that detenu was not supplied with relevant material relied upon in the grounds of detention, have been refuted. It is insisted that all the relevant material, which has been relied upon by the detaining authority, was provided to the detenu at the time of execution of warrant.