MOHAMMAD YOUNIS MIR Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Petitioner Mohammad Younis Mir (for short 'detenue'), in the instant case was taken into preventive custody in terms of the order of detention bearing No. DMB/PSA/01 of 2022 dtd. 7/4/2022 (for short 'the impugned order), issued under Sec. 8 of the J&K Public Safety Act 1978 (for short 'the Act') by respondent No.2- District Magistrate Budgam (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, 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 detenue, as well as entire material relied upon by the Detaining authority was furnished to the detenue, while as warrant was executed through ASI Mohammad Naseem of Police Station Budgam; that he was detained initially in Central Jail Jammu and later shifted to District Jail Ambedkar Nagar of Uttar Pradesh vide Government order dtd. 20/4/2022. 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 detenue, from committing antinational and subversive activities. It was, finally, prayed that the petitioner's petition be dismissed, upholding the detention order.