WASEEM AHMAD PANDITH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Through the medium of this writ petition, detention order No. 08/DMP/PSA/2022 dtd. 7/4/2022, passed by District Magistrate, Pulwama whereby detenu, namely, Waseem Ahmad Pandith S/o Gh. Mohammad Pandith R/o Karimabad Tehsil and District Pulwama has been placed under preventive detention with a view to prevent him from acting in any manner prejudicial to the to the Security of State, 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;

(3.) It is also averred that there is total non application of mind on the part of detaining authority while passing the order of detention as the detenu at the time of passing of order of detention was already in custody in connection with case FIR No.77 of 2022 and there were no such compelling reason to justify the detention of the detenu as there was no likelihood of the detenu to be released in near future on bail; that the grounds of detention are replica of dossier and unequivocally reflects and shows non-application of mind on the part of detaining authority and as a consequence of which impugned order of detention is liable to be quashed.