IMRAN QADIR Vs. U.T. OF J&K

JUDGEMENT

(1.) This petition has called into question the detention Order no. DMS/PSA/49/2022 dtd. 18/4/2022 passed by the District Magistrate, Srinagar, detaining the detenue, namely, Imran Qadir S/o Ghulam Qadir Hazari under Sec. 8 of the Public Safety Act to prevent him from acting in any manner prejudicial to the security of the UT. This order of detention has been questioned by the detenue through his mother.

(2.) The detenue challenges the order of detention on the ground that (i) the allegations mentioned in the grounds of detention have no nexus with the detenue and have been fabricated to justify his detention; (ii) the grounds on which the Detaining Authority has derived its satisfaction are vague, obscure, ambiguous and are not connected with the detenue and, as such, no effective representation can be made against these allegations. (iii) the detenue was already in custody when the detention order was passed and the detaining authority has not spelled out any reason for detaining the detenue; (iv) all the material relied upon by the Detaining Authority, while passing the order of detention has not been supplied to the detenue, thus, the detenue has not been able to make an effective representation.

(3.) Mr. Sajjad Ashraf, learned GA has filed the counter affidavit on behalf of the respondents and has also produced the record of detention.