WAHEED AHMAD KHANDAY Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Impugned in this petition is order No.12-DMK/PSA of 2021 dtd. 19/10/2021, issued by District Magistrate, Kupwara (for brevity "Detaining Authority") whereby Shri Waheed Ahmad Khanday son of Ab. Rehman Khanday resident of Yaroo Tehsil Langate District Kupwara (for short "thedetenue") has been placed under preventive detention, in order to prevent him from acting in any manner prejudicial to the security of the State.

(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 mere reproduction of the dossier. It has been further contended that the Statutory safeguards have not been complied with in the instant case. It has been also urged that the allegations made against the detenue in the grounds of detention are vague and that whole of the material which formed basis of the order of detention has not been provided to the detenue. It has been contended that the petitioner has not been informed as to before which authority he had to make a representation.

(3.) The respondents, in their counter affidavit, have disputed the averments made in the petition and stated that they have followed the provisions of J&K Public Safety Act. It is contended that the detenue has been detained only after following due procedure; that the grounds of detention were read over to the detenue; that there has been proper application of mind while passing the impugned order of detention and that the detenue has been provided all the material which has been relied upon by the detaining authority while passing the detention order. The respondents have placed reliance on the judgment of the Supreme Court in Haradhan Saha v. State of W.B (1975) 3 SCC 198. The respondents have produced the detention record to lend support to the stand taken in the counter affidavit.