MANZOOR AHMAD HURRA Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Detention Order No. DMB/PSA/28 of 2022 dtd. 27/6/2022 (for short 'the impugned order') passed by District Magistrate, Budgam-respondent No.2, whereby the petitioner namely Manzoor Ahmad Hurra S/O Ali Mohammad Hurra R/O Nowhar Chara-e-Sharief Budgam (for short 'detenue') has been ordered to be detained under preventive custody in terms of Sec. -8 of J&K Public Safety Act, 1978 (for short 'the Act') with a view to prevent him from acting in any manner prejudicial to the maintenance of security of the State, has been questioned/challenged on the grounds taken in the instant petition.

(2.) Case set up by the petitioner is that the detenue, in terms of the impugned order, has been detained under the Act, without any justification and the allegations leveled in terms of the grounds of detention have no nexus with the detenue and have been fabricated by the police in order to justify its illegal action of detaining the detenue.

(3.) Pursuant to notice, reply affidavit has been filed by respondent No. 2, vehemently, resisting the petition. It is contended that detaining a person under the provisions of Public Safety Act is always preventive in nature and its sole aim is to prevent a person from pursuing anti-national/anti-social activities, which are prejudicial to the maintenance of security of State, etc. In the instant case there is enough material against the detenue which is highly suggestive of the fact that the normal law of the land is not sufficient to prevent him from continuing with his anti-national activities and, it is evident that the detenue is highly motivated and is not likely to desist from anti-national and unlawful activities.