MOHAMMAD YOUNIS GANIE Vs. UT OF J&K

JUDGEMENT

(1.) This petition has been preferred for quashing the detention order No. 04/DMK/PSA/2023 dtd. 28/8/2023 passed by the District Magistrate, Kulgam pursuant to which he has ordered detaining Mohammad Younis Ganie, S/o Mohammad Ahsan Ganie, R/o Ponipora Kulgam, District Kulgam in exercise of the powers vested in him under clause (a) of Sec. 8 of the J&K Public Safety Act, 1978, to prevent him from acting in any manner prejudicial to the interest of public order. The detenu has assailed the order of detention dtd. 28/8/2023 through his son Waqar Younis Ganie.

(2.) The impugned order of detention has been assailed by the detenue on the ground that the allegations mentioned in the grounds of detention has no nexus with the detenue and has been fabricated by the Police in order to justify the illegal detention. The allegations are vague, non-existent and no prudent man can make a representation against the order. The allegations mentioned in the detention order do not fall under within the purview of public order but are simply relating to law and order arena and do not fall within the meaning of Sec. 8 of the Jammu and Kashmir Public Safety Act, 1978.

(3.) It is contended that the detenue has already been admitted to bail in above mentioned cases and this fact has not been noticed by the detaining authority. The detaining authority has not furnished all the material to the detenue so as to make an effective representation against the same. The last alleged activity alleged against the detenue in the grounds of detention has taken place in the year 2020 and, thereafter, no fresh activity has been attributed to the detenue. The delay of three years from the last alleged activity has snapped its proximity of the alleged activity with the order of detention. The delay between the activity and order of detention is unjustified.