AKSHAY SHARMA Vs. U. T. OF J&K

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing the order of detention bearing No. 05/PSA of 2022 dtd. 3/10/2022 issued by the respondent No. 2, whereby the petitioner has been detained under Sec. 8(1)(a) of Jammu and Kashmir Public Safety Act, 1978 (for short 'the Act').

(2.) The petitioner has assailed the order of detention on the following grounds:-

(3.) Respondent No. 2 has filed the response stating therein that the order of detention has been passed after duly considering the dossier, copies of the FIRs and other supporting documents received from respondent No. 3. The respondent No. 2 had denied that the order of detention is the replica of the dossier submitted by respondent No. 3-Senior Superintendent of Police, Samba. It is further stated that the petitioner has created an atmosphere of lawlessness in District Samba as eight FIRs have been registered against him under various Sec. of the Indian Penal Code in a short span of time from the year 2000-2022. Taking in to consideration the illegal activities of the petitioner, the order of detention was passed. Moreover, the Government of Jammu and Kashmir vide order dtd. 1/11/2022 has also confirmed the order of detention and further the order of detention has been extended from time to time. Respondent No. 2 has further pleaded that since the actions taken against the petitioner under the ordinary law from time to time have not yielded any result and his persistent involvement in the antisocial activities are posing threat to the peace and security of the State as such, the Detaining Authority issued the order of detention on the basis of the record submitted by respondent No. 3. Further as per execution report, the grounds of detention have been provided to the petitioner against proper receipt and same were explained to the petitioner in Hindi, Urdu and Dogri languages. The petitioner has put his signatures on the receipt of grounds of detention in acknowledgement of the receipt of the same.