TARIQ AHMAD NAPA Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Challenge in this petition has been thrown to a Detention order No.76/DMB/PSA/2022 dtd. 15/9/2022, passed by District Magistrate Baramulla-respondent No.2, vide which, the petitioner, namely, Tariq Ahmad Napa ["the detenue"] came to be detained and lodged in Central Jail, Kotbalwal, Jammu.

(2.) The petitioner has invoked writ jurisdiction of this Court to question the impugned detention order, inter-alia on the grounds that the grounds of detention being vague in nature, no prudent man can make an effective representation against said grounds; that representation dtd. 22/9/2022 filed by him has not been accorded consideration; that procedural safeguards prescribed under Jammu and Kashmir Public Safety Act, 1978 ('PSA', for short), and Articles 21 and 22 of the Constitution of India have not been followed; that neither any reference pertaining to his detention has been made to the Advisory Board within the prescribed period under PSA nor Board has made any report with respect to sufficiency of the material; that grounds of detention are unreasonable and suffers from non-application of mind; that he has not been apprised of his right to make representation; that he was neither served with detention order nor with the material referred to in the grounds of detention; that grounds of detention were supplied to him in a language not understandable or intelligible to him and that there is no nexus between the alleged prejudicial activity attributed to him and the security of the State sought to be achieved by his detention.

(3.) Ex adverso, the detaining authority, in the counter affidavit, is affront with the contention that no legal, fundamental or statutory right of the detenue has been infringed in the present case, as respondents have complied with all the statutory and constitutional provisions and followed the requisite formalities before passing of the impugned detention order.