SUHAIB SHAFI BABA Vs. UT OF J&K

JUDGEMENT

(1.) The detention Order no. DMS/PSA/06/2021 dtd. 21/1/2022 passed by the District Magistrate, Srinagar, under Sec. 8 of the Jammu and Kashmir Public Safety Act, 1978 has been assailed in this petition by the detenue-Suhaib Shafi Baba S/o Mohammad Shafi Baba R/o Diwat Walipora, Rainawari, Srinagar through his father Mohammad Shafi Baba.

(2.) The detenue has challenged the order of detention on the grounds that (i) the material forming basis of the grounds of detention has not been supplied to him, thus, infringing upon his right to make an effective representation; (ii) the detenue was already in custody in connection with FIR no. 28/2018 under Ss. 302,307 IPC, 7/27 Arms Act, 13, 16, 18 and 39 of Unlawful Activities (Prevention) Act and the detaining authority has not shown any awareness to this fact and, as such, the detention order is liable to be quashed.

(3.) In their counter affidavit the respondents have disputed the contentions of the detenue. It is submitted that the detenue was detained by the District Magistrate, Srinagar in accordance with the provisions of Public Safety Act. The detaining authority has followed all the procedural safeguards while detaining the detenue. The order of detention was passed by the detaining authority after arriving at its subjective satisfaction and after considering all the material. The grounds of detention and all the material relied upon by the detaining authority was furnished to the detenue and the detaining authority had complied with all the statutory and Constitutional safeguards as provided under the law.