SALIQ PARVAIZ BHAT Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Through the medium of instant petition, the petitioner has challenged the legality and veracity of the order No.97/T/MS/PSA/2022 dtd. 28/1/222, issued by District Magistrate, Shopian. In terms of the aforesaid order, Shri SaliqParvaiz Bhat S/o Parvaiz Ahmad Bhat R/o Gagren Tehsil and District Shopian, has been placed under preventive detention in order to prevent him from acting in any manner prejudicial to the maintenance of public order.

(2.) The petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the grounds of detention are vague, non-existent on which no prudent man can make a representation against such allegations. It has been further contended that the procedural safeguards have not been complied with in the instant case, inasmuch as whole of the material has not been provided to the petitioner. It has been further urged that there has been non-application of mind on the part of detaining authority while passing the impugned detention order as the detenue was already admitted to bail in the FIR, mention whereof has been made in the grounds of detention.

(3.) The respondents, in their counter affidavit, have disputed the averments made in the petition and insisted that the activities of the detenue are highly prejudicial to the security of the State. It is pleaded that the detention order and grounds of detention along with the material relied upon by the detaining authority were handed over to the detenue and the same was read over and explained to him and that the grounds urged by the petitioner are legally misconceived, factually untenable and without any merit. To substantiate their stand taken in the counter affidavit, the respondents have produced the detention record.