INAYAT RASHID BHAT Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner has challenged the detention order No.14-DMG-PSA-22 dtd. 25/6/2022 passed under Public Safety Act, 1978.

(2.) The District Magistrate, Ganderbal by Order No. 14-DMG-PSA-22 dtd. 25/6/2022 has placed Inayat Rashid Bhat S/o Abdul Rashid Bhat R/o Jumlanpora, Sindhbal, Ganderbal under the preventive detention with a view to prevent him from acting in any manner prejudicial to the security of the UT of J&K and has been lodged in Central Jail Kot Bhalwal, Jammu. It is this order which has been challenged by the petitioner through his father and seeks quashment of the same on the following grounds:

(3.) The counter affidavit has been filed by the respondents stating that the detenue came to be detained under the provisions of the Act of 1978 validly and legally by virtue of detention order bearing No.14-DMG PSA-2022 dtd. 25/6/2022 issued by District Magistrate, Ganderbal followed by corrigendum issued under No.DMG/PSA/2022/330-338 dtd. 28/6/2022. All statutory requirements and constitutional guarantees have been fulfilled and complied with by the Detaining Authority. The Detaining Authority has passed order of detention after deriving subjective satisfaction in the matter. Grounds of detention, order of detention, as well as entire material relied upon by the detaining authority came to be furnished to the detenue. In compliance to DM's detention order, the warrant was accordingly executed. The contents of the detention order/warrant and grounds of detention were read over and explained to the detenue in the Kashmiri/Urdu language which he fully understood and in lieu whereof the detenue/petitioner subscribed his signatures on the execution report. The detenue also got well informed about his right of making of representation to the detaining authority or to Government against his detention.