RUKHSAR AHMAD WANI Vs. STATE OF J&K

JUDGEMENT

(1.) DISTRICT Magistrate Udhampurs Order No. PSA -2006/9 dated 14.09.2006, directing Rukhsar Ahmad Wanis detention for a period of two years under section 8 of the Jammu and Kashmir Public Safety Act, 1978 has been questioned by the detenue in this petition filed through Gul Mohd. Mr. H. Rehman learned counsel for the petitioner says that the detention order suffers from non -application of mind of the detaining authority besides being unwarranted and unconstitutional as it offends section 13 of Public Safety Act and Article 22 (5) of Constitution of India. Learned counsel submits that there was no material worth the name justifying detention of the petitioner.

(2.) RESPONDENTS have not filed any counter -affidavit to controvert the case set up by the petitioner in his petition. The State counsel, Mr. B.S. Slathia AAG has, however, produced the detention records to justify the detention of the petitioner.

(3.) I have considered the submissions made at the Bar by the learned counsel for the parties and have perused the detention records. The petitioner has been detained on the grounds which read thus: -