ARUN JAVED Vs. U.T. OF J&K

JUDGEMENT

(1.) The petitioner in the instant petition filed under Article 226 of the Constitution of India seeks quashing of the detention order No. DMP/JC/2025-26/679-84 dtd. 12/6/2025 (hereinafter referred to as "the impugned order") passed by the District Magistrate, Kathua-respondent 3 herein (for short, "the detaining authority") under and in terms of the provisions of J&K Public Safety Act, 1978.

(2.) The petitioner has challenged the impugned order on multiple grounds urged in the petition.

(3.) Counter affidavit has been filed to the petition by respondent 3, wherein the petition is being opposed on the premise that the petitioner was ordered to be detained after due consideration of dossier received from the Senior Superintendent of Police, Kathua on 27/5/2025, as the petitioner was continuously and repeatedly involved in criminal activities, which were found to be prejudicial to the maintenance of public order and tranquility and that the petitioner was found involved in FIR No. 98/2018 for offence under Ss. 341/323 RPC registered with Police Station, Billawar, FIR No. 65/2019 registered under Ss. 451, 504 & 506 RPC registered with Police Station, Billawar and FIR No. 52/2025 registered under Ss. 126(2), 115(2) & 3(5) BNSS of Police Station, Billawar and that besides the said FIRs, multiple Istghasas/DDR reports were registered against the petitioner under Ss. 126/136 BNSS at EMIC Billawar dtd. 7/5/2025 and that upon detaining the petitioner by the detaining authority, the grounds of detention, detention warrant and all other relevant documents consisting of 42 leaves were duly read over in English and explained to the petitioner in Dogri/Urdu language, which he fully understood and in lieu thereof, put his signatures on the execution report and that the petitioner and his father were also informed that the petitioner can file a representation against his detention. Heard learned counsel for the parties and perused the record.