MOIN MATOO Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner, through the medium of present petition, has sought a Writ of Habeas Corpus for quashing the detention order bearing No.DMS/PSA/25/2023 dtd. 12/4/2023, passed by District Magistrate, Srinagar (the detaining authority) with a view to prevent him from acting in any manner prejudicial to the security of the State. The order is, purportedly, passed by the detaining authority in exercise of powers conferred under Sec. 8 of the J&K Public Safety Act, 1978 (the Act of 1978).

(2.) The impugned order has been assailed by the petitioner, inter alia, on the following grounds:

(3.) On being put to notice, the respondents appeared through their counsel and filed their reply affidavit, wherein besides other contentions, it is submitted that detention was necessitated because of involvement of the detenue in very serious offences against the State as mentioned in the FIRs registered against him. The detenue was informed that he can make a representation to the government as well as the to detaining authority against his detention. It is further contended that all statutory requirements and constitutional imperatives have been fulfilled and complied with by the detaining authority. That the order has been issued validly and legally.