IMRAN NABI WANI Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Petitioner Imran Nabi Wani (for short 'detenue'), in the instant case was taken into preventive custody under Sec. 8 of the J&K Public Safety Act 1978 (for short 'the Act') in terms of the order of detention bearing No. DMS/PSA/112/2022 dtd. 8/9/2022 (for short 'the impugned order), issued by respondent No.2- District Magistrate Srinagar (for short 'Detaining Authority').

(2.) The order of detention is challenged by the detenue through the medium of this petition on the following grounds:-

(3.) Pursuant to notices, respondents filed counter affidavit to the petition, through Detaining authority, asserting therein that the detenue came to be detained vide impugned detention order, passed by the Detaining authority, fulfilling and complying with all the statutory and constitutional guarantees; that the detenue was detained to prevent him from resorting to the illegal activities; that the grounds of detention, order of detention, as well as entire material relied upon by the Detaining authority and warrant was executed through ASI Mohammad Shaban of Police Station Nowhatta; that he was detained initially in Central Jail Jammu and later shifted to Central Jail Naini Prayagraj Uttar Pradesh vide Government order dtd. 25/10/2022. It was further pleaded that the detenue's case was referred to the Advisory Board which observed that there was sufficient cause for detention of the detenue, therefore, detention order was confirmed by the Government of J&K. Respondents would take further plea that the detention order was passed by the District Magistrate, after applying mind to the facts and circumstances of the case, to prevent the society from violence, strikes, economic adversity and social indiscipline. It was, finally, prayed that the petitioner's petition be dismissed, upholding the detention order.