ABRAR HAMID WANI Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Through the medium of instant writ petition, quashment of Order No. DMB/PSA/34 of 2022 dtd. 27/6/2022, passed by the respondent No. 2-District Magistrate, Budgam (hereinafter called 'Detaining Authority') in exercise of powers under Sec. 8 of the Jammu and Kashmir Public Safety Act, 1978, in terms whereof the son of the petitioner namely, Abrar Hamid Wani S/O Abdul Hamid Wani R/O Namthal Chadoora, District, Budgam (for short 'detenue') was ordered to be detained and lodged in Central Jail Kotbalwal, Jammu, has been sought on the grounds taken in the memo of the petition. The petitioner seeks release of the detenue forthwith from the custody and also a compensation of Rs.02.00 lacs for illegal detention of the detenue.

(2.) Though the detention order has been challenged on several grounds, but the main ground taken by the petitioner is that the representation filed against the detention order has not been considered by the respondents till date. It is averred that because of non-consideration of the representation, the detention order is liable to be quashed. Copy of the representation is annexed with the writ petition as annexure -IV.

(3.) The respondents in their counter have tried to defend the order of detention, stating therein that the Detaining Authority after being satisfied on the basis of the material available including the dossier submitted by Senior Superintendent of Police, Budgam, that it had become necessary to prevent the detenue from acting in any manner prejudicial to the 'security of the State, placed him under preventive detention.