MUKHTAR AHMAD LONE Vs. U.T. OF J&K

JUDGEMENT

(1.) Sindhu Sharma, J . 1. This petition has been filed by Mukhtar Ahmad Lone through his uncle-Lateef Ahmad Lone challenging the detention Order no. 06/DMK/PSA/2021 dtd. 18/10/2021 issued by the District Magistrate Kulgam, detaining the detenue under Sec. 8 of the J&K Public Safety Act, 1978.

(2.) The detenue has assailed the order of detention on the grounds that (i) the order has been passed without any application of mind; (ii) the procedural safeguards provided to him under the Constitution of India and in terms of J&K Public Safety Act, have not been complied with by the Detaining Authority. (iii) the grounds on the basis of which the Detaining Authority has derived its satisfaction are vague, obscure, ambiguous and are not connected with the detenue and, as such, no effective representation can be made against these allegations, as such the detention is bad; (iv) the detenue had moved a representation, immediately after his detention but the same has not been considered and this has resulted in infraction of the rights guaranteed to the detenue. (v) all the material relied upon by the Detaining Authority, while passing the order of detention has not been supplied to the detenu, thus, the detenue has not been able to make an effective representation; (vi) the grounds of detention have been formulated by the incompetent authority.

(3.) Mr. Mubashir Majid Malik, Dy. AG has filed counter affidavit as well as produced the record of detention.