MOHAMMAD YOUSUF GANAI Vs. GOVERNMENT OF J&K

JUDGEMENT

(1.) The petitioner has challenged Order No. 16/DMB/PSA of 2021 dtd. 20/10/2021 issued by the District Magistrate, Shopian whereby he has been taken into preventive custody in order to prevent him from acting in any manner prejudicial to the maintenance of public order.

(2.) It is contended in the petition that while detaining the petitioner, the respondents have not followed the constitutional and statutory safeguards inasmuch as the petitioner has not been furnished whole of the material relied upon by the respondents for framing the grounds of detention against him, as a result of which, the petitioner has been hampered in making effective representation against the impugned order of detention. It has been further submitted that the detaining authority while framing the grounds of detention has not derived subjective satisfaction as the grounds of detention are virtually the xerox copies of the police dossier.

(3.) It has also been contended that the grounds of detention are vague, irrelevant and non-existent. It is further contended that the petitioner was already in custody when the impugned order of detention was passed and as such, there were no compelling reasons for the respondents to pass the impugned order of detention. Lastly, it has been contended that the incident on the basis of which the petitioner has been taken into preventive custody are stale in nature and have no proximity to the order of detention.