SHAKEEL AHMAD DAR Vs. UT OF J&K

JUDGEMENT

(1.) Impugned in this petition is the order of detention bearing No.DMS/PSA/124/2021 dtd. 28/2/2022, issued by District Magistrate, Srinagar - respondent No.2 herein. In terms of the aforesaid order, Shakeel Ahmad Dar (hereinafter referred to as the detenue), has been placed under preventive detention so as to prevent him from acting in any manner prejudicial to security of the State

(2.) The petitioner has contended that the allegations mentioned in the grounds of detention have no nexus with the detenue and that the same have been fabricated by the police in order to justify its illegal action of detaining the detenue. It has been contended that the grounds of detention are vague on the basis of which no prudent man can make a representation against such allegations. It has been further contended that the procedural safeguards have not been complied with in the instant case, inasmuch as whole of the material which formed basis of the impugned detention order has not been supplied to the petitioner.

(3.) The respondents have resisted the petition by filing a reply affidavit thereto. In their reply affidavit, the respondents have submitted that the activities of detenue are highly prejudicial to the security of the State. It is pleaded that the material relied upon by the detaining authority was handed over to the detenue and the same was read over and explained to him. It is contended that the detenue was informed that he can make a representation to the government as well as to the detaining authority against his detention. It is further claimed in the reply affidavit that all the statutory requirements and constitutional guarantees have been adhered to and complied with by the detaining authority and that the order has been issued validly and legally. In order to buttress their stand, the respondents have produced the detention record.