MOHAMMAD ALTAF SHEIKH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) By the instant petition, the petitioner has sought quashment of order No.01/DMK/PSA/2022 dtd. 10/2/2022, issued by District Magistrate, Kulgam-respondent No. 2 (for brevity "Detaining Authority"). In terms of the aforesaid order, Mohd. Altaf Sheikh @ Captain (for short "the detenu") has been placed under preventive detention in order to prevent him from acting in any manner prejudicial to the security, sovereignty and integrity of the State.

(2.) The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind. It has been further contended that the Statutory procedural safeguards have not been complied with in the instant case as whole of the material that formed basis of the grounds of detention and the consequent order of detention has not been provided to the detenue and that there has been total non-application of mind on the part of the detaining authority while passing the impugned detention order.

(3.) Despite repeated opportunities, the respondents did not choose to file their counter affidavit. However, learned counsel for the respondents has produced the detention record.