MOHD YOUNIS GANIE Vs. UT OF J&K

JUDGEMENT

(1.) The detention Order no. 20/DMK/PSA/2021 dtd. 14/11/2021 passed by the District Magistrate, Kulgam, under Sec. 8(a) of the Jammu and Kashmir Public Safety Act, 1978 has been assailed in this petition by the detenue-Mohd. Younis Ganie S/o Gh. Hassan Ganie R/o Daderkote Behibagh, Kulgam, District Kulgam through his father Gh. Hassan Ganie.

(2.) The detenue has challenged the legality and validity of the order on the grounds that (i) the same has been passed mechanically without application of mind; (ii) 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; (iii) the detenue was already in custody in connection with FIR no. 57/2020 under Ss. 147,148,149,336,307 IPC and 13 (UAPA) Unlawful Activities (Prevention) Act and the detaining authority has not shown any awareness to this fact; (iv) though the detention order has been passed by the detaining authority for preventing the detenue from acting in any manner prejudicial to the maintenance of public order but in the grounds of detention the involvement of the detenue is considered threat to the security of the State which reflects total non-application of mind by the detaining authority, 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, Kulgam 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.