MOHAMMAD SALEEM PARRAY Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) By the instant petition, the petitioner has sought quashment of order No.03/DMB/PSA of 2022 dtd. 7/4/2022, issued by District Magistrate, Bandipora (for brevity "Detaining Authority"). In terms of the aforesaid order, Mohammad Saleem Parray son of Mohammad Ramzan Parray resident of Khos Mohalla Hajin Tehsil Hajin District Bandipora (for short " the detenu") has been placed under preventive detention in order to prevent him from acting in any manner prejudicial to the maintenance of public order.

(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 as whole of the material that formed basis of the grounds of detention and the consequent order of detention has not been provided to the detenue and that there has been total non-application of mind on the part of the detaining authority while passing the impugned detention order.

(3.) The respondents, in their counter affidavit, have disputed the averments made in the petition and insisted that the activities of the detenue are highly prejudicial to the maintenance of public order. It is pleaded that the detention order and grounds of detention were handed over to the detenue and the same were read over and explained to him. It has been urged that the grounds urged by the petitioner are legally misconceived, factually untenable and without any merit. The respondents have produced the detention records in order to buttress the contentions raised in the counter affidavit.