SHOWKAT AHMAD GANIE Vs. UT OF J&K

JUDGEMENT

(1.) Through the medium of this petition, the petitioner seeks quashment of Order no.DMB/PSA/01 of 2024 dtd. 1/1/2024, passed by District Magistrate, Budgam- respondent no.2, whereby detenu, namely, Showkat Ahmad Ganie @ Naaz S/o Late Mohammad Kamal Ganie R/o Sheikhpora Wathoora Tehsil Chadoora District Budgam, has been placed under preventive detention with a view to prevent him from acting in any manner prejudicial to security of the State, precisely on the grounds that there is no live link between the last activity and the impugned order of detention inasmuch as in the FIR no.116/2022 P/S Chadoora, detenu was already discharged, but this important fact has not been reflected in grounds of detention and besides that detenu was already admitted to bail in the cases mentioned in grounds of detention but this important fact has not been mentioned in grounds of detention.

(2.) Respondents have filed the reply affidavit, insisting therein that the activities indulged in by detenu are highly prejudicial to the security of the State and, therefore, his remaining at large is a threat to the security of the State. The activities narrated in the grounds of detention have been reiterated in the reply/counter affidavit filed by respondents. The factual averments that detenu was not supplied with relevant material relied upon in the grounds of detention have been refuted. It is insisted that all the relevant material, which has been relied upon by the detaining authority, was provided to the detenu at the time of execution of warrant.

(3.) I have heard learned counsel for parties. I have gone through the detention record attached with the file and considered the matter.