SHAMEEM AHMAD WANI Vs. UT OF J&K

JUDGEMENT

(1.) The Detention Order no. 05/DMA/PSA/DET/2022 dtd. 7/4/2022 passed by the District Magistrate, Anantnag under Sec. 8 of the J&K has been assailed by the detenue, namely, Shameem Ahmad Wani through his wife, Ishrat.

(2.) The impugned order of detention has been challenged by the petitioner on the grounds that; (1) the material forming basis of the grounds of detention has not been supplied to him, thus, infringing upon his right to make an effective representation; (ii) the detenue was already in custody in connection with FIR no. 75/2021 under (UAPA) Unlawful Activities (Prevention) Act and the detaining authority has not shown any awareness to this fact; (iii) though the detention order has been passed by the detaining authority for preventing the detenue from acting in any manner prejudicial to the maintenance of public order but in the grounds of detention the involvement of the detenue is considered threat to the security of the State which reflects total non-application of mind by the detaining authority, as such, the detention order is liable to be quashed.

(3.) The respondents have filed their counter affidavit and produced the detention record. It is submitted that the detenue was detained by the District Magistrate, Anantnag in accordance with the provisions of Public Safety Act. The order of detention was passed by the detaining authority after arriving at its subjective satisfaction and after considering all the material. The grounds of detention and all the material relied upon by the detaining authority was furnished to the detenue and the detaining authority had complied with all the statutory and Constitutional safeguards as provided under the law.