BASHIR AHMAD SUALIAH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) By the instant petition, quashment of order No.45/DMB/PSA/2022 dtd. 9/4/2022, issued by District Magistrate, Baramulla (for brevity 'detaining authority') is sought. In terms of the aforesaid order, Bashir Ahmad Sualiah son of Gh. Mohammad Sualiah resident of Mohalla Jadeed Tehsil Baramulla District Baramulla, (for short 'detenu') has been placed under preventive detention and lodged in Central Jail Kotbhalwal, Jammu.

(2.) The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the grounds of detention are mere reproduction of the dossier. It has been further contended that the statutory procedural safeguards have not been complied with in the instant case. It has been further urged that the material which formed basis of the grounds of detention and the consequent order of detention has not been provided to the detenue. It has also been contended that the grounds of detention are vague, non-existent and stale.

(3.) The respondents, in their counter affidavit, have disputed the averments made in the petition and insisted that the activities of detenue are highly prejudicial to the security of the State. It is pleaded that the detention order and grounds of detention were handed over to the detenue and same were read over and explained to him; that the grounds urged by the petitioner are legally misconceived, factually untenable and without any merit and that the impugned detention order has been passed strictly in accordance with law occupying the field. In support of their stand taken in the counter affidavit, the respondents have also produced the detention record.