MUSHTAQ AHMAD BHAT Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner through his father has impugned the order of detention bearing No. 64/DMA/PSSA/DET/2022 dtd. 13/9/2022 passed by District Magistrate, Anantnag, by virtue of which the petitioner has been detained under Sec. 8 of the Public Safety Act (hereinafter referred as 'the Act").

(2.) It is stated that the petitioner was earlier detained vide order No. 81/DMA/PSA/DET/2018 dtd. 12/3/2019 under the Act and the order of detention was quashed by this Court vide order dtd. 3/6/2019. The petitioner has impugned the order of detention on the ground that the grounds of detention are identical to the grounds of detention on the basis of which petitioner was earlier detained by the respondents. It is also stated that the order of detention is vague, bereft of specific details, as such no prudent and reasonable man can make effective and purposeful representation to the Government. It is further averred that the representation filed by the petitioner through his father has not been considered by the respondents more particularly the respondent No. 2.

(3.) The reply stands filed by the respondents wherein it has been stated that the petitioner is delivering Friday sermons in Jamia Ahil Hadees Sherbagh, Anantnag and is presently serving as Vice President of Jamiat Ahli Hadees. In the year 2016, he played a key role in instigating and provoking the youth resulting in the registration of FIR bearing No. 17/2016, FIR No. 168/2018 and FIR No. 228/2017. It is further stated that the petitioner is continuously delivering anti- national speeches and taking into consideration his activities being prejudicial to the maintenance of public order, order of detention was issued. The warrant issued pursuant to order of detention was executed through PSI Rouf Ahmad of Police Station, Anantnag on 16/9/2022. The contents of warrant were read over and explained to the detune in his language which he understands fully. It is further averred that the petitioner was informed that he has a right to make representation to the detaining authority i.e, District Magistrate, Anantnag and to the Government against the detention order as well, if he so desired. Further it is stated that the Government has approved the order of detention vide order dtd. 16/9/2022 and vide order dtd. 3/10/2022, the Government has confirmed the aforesaid detention order. It is also pleaded that the Advisory Board too has opined in favour of detention the petitioner.