PARVAIZ AHMAD WAGAY Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner through the medium of this petition has impugned the order of detention bearing No.54/DMA/PSA/DET/2022 dtd. 7/7/2022, issued by District Magistrate, Anantnag-respondent No.2.

(2.) It is stated that the petitioner was implicated in FIR No.239/2016 under Sec. 147, 148, 149, 336, 341 and 188 of RPC of Police Station, Anantnag but was granted bail in anticipation of arrest in the said FIR. The petitioner has impugned the order of detention, inter-alia, on the following grounds:

(3.) The reply stands filed by the respondents wherein it has been stated that the petitioner was detained pursuant to the detention order No.54/DMA/PSA/DET/2022 dtd. 7/7/2022 after taking into consideration the nefarious activities of the petitioner. It is further stated that the petitioner was involved in FIR No.239/2016 under Ss. 147, 148, 149, 336, 341, 188 of Police Station, Anantnag and he was working as an Over Ground Worker of the banned terrorist organization LeT and in view of his allegiance with the said organization, it was risky to keep him out during Shri Amarnathji yatra. The warrant of detention was executed through ASI Mushtaq Ahmad on 16/7/2022 who handed over the petitioner to the Superintendent District Jail, Rajouri. The contents of the warrant were read over and explained to the detenue which he understood fully, as is evident from the endorsement made on the copy of the detention order where the petitioner has put his signature in English. The petitioner was informed that he has a right to make a representation to the detaining authority and to the Government as well, if he so desired. It is further averred that the Government after examining the detention order and the material placed on record approved the aforesaid detention order vide order dtd. 14/7/2022. The Advisory Bord also examined the case of the petitioner and opined in favour of detention of the petitioner. The respondents have, in fact, submitted that the constitutional safeguards have been duly complied with while issuing the order of detention.