NAZAKAT AHMAD KHAN Vs. UT OF J&K

JUDGEMENT

(1.) District Magistrate, Srinagar detention order No. DMS/PSA/41/2023 dtd. 8/5/2023, under Sec. 8 of Jammu and Kashmir Public Safety Act, 1978, has placed Nazakat Ahmad Khan (hereinafter referred to as detenue), S/o Nazir Ahmad Khan, R/o Noorpora Tral, A/p Sadrani Takeri Uhampur, in preventive detention with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. This order of detention has been assailed by the detenue through his cousin Abdul Rashid Sood.

(2.) The impugned order of detention has been assailed by the detenu on the ground that the same has been passed by the detaining authority without any application of mind, as the detention order has been passed in a vague and casual manner, only on the dossier submitted by the Senior Superintendent of Police, Srinagar. The detenue has been detained relying upon two FIR Nos. 4/2023 and 18/2023, filed against unknown person are regarding offence under Sec. 457/380 regarding theft, burglary and trespass.

(3.) The detaining authority has assumed subjective satisfaction on the ground that detenue is prominent thief and his detention is warranted under Public Safety Act for maintenance of public order.