ASHIQ HUSSAIN BHAT Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has challenged detention order bearing No.DMS/PSA/08/2022 dtd. 7/4/2022, issued by respondent No.2. In terms of said order, Ashiq Hussain Bhat @ Hogard has been placed under preventive custody by invoking powers under Sec. 8 of the J&K Public Safety Act so as to prevent him from acting in any manner prejudicial to the security of the State.

(2.) The petitioner has challenged the impugned order on the grounds that the procedural safeguards prescribed under the J&K Public Safety Act have not been followed, that the grounds of detention are vague and based on conjectures; that there has been non-application of mind on the part of the detaining authority and that the detenue has not been furnished whole of the material forming basis of the grounds of detention.

(3.) The respondents, in their counter affidavit, have disputed the averments made in the petition and have stated that they have followed the provisions of J&K Public Safety Act. It is contended that the detenue has been detained only after following due procedure; that the grounds of detention were read over to the detenue; that there has been proper application of mind on the part of the Detaining Authority while passing the impugned order and that the detenue has been provided all the material. The learned counsel for the respondents also produced the detention records to lend support to the stand taken in the counter affidavit.