VISHAL SHARMA Vs. U.T. OF J&K

JUDGEMENT

(1.) The petitioner, through the medium of the present petition, has challenged the legality and validity of order No. PSA 08 of 2025 dtd. 17/5/2025 issued by respondent No. 2-District Magistrate, Jammu whereby the petitioner has been placed under preventive detention so as to prevent him from acting in any manner prejudicial to the maintenance of public order.

(2.) The petitioner has challenged the impugned order of detention on the grounds that the same has been passed mechanically without proper application of mind. It has been contended that in FIR No. 108/2021 of Police Station, Bari Brahmana, the petitioner has been acquitted, as such, the same could not have been relied upon by the detaining authority while passing the impugned order of detention. It has been further contended that at the time of passing of impugned order of detention, the petitioner was already in custody in another FIR, details whereof have not been mentioned in the grounds of detention, as such, the impugned order of detention is vitiated.

(3.) It has also been contended that allegations leveled against the petitioner in the FIRs, which have been relied upon by the detaining authority in passing the impugned order of detention, are not of such a serious nature as would give rise to apprehension of breach to the public order. It has been further contended that the respondents instead of seeking cancellation of bail granted to the petitioner has resorted to passing of the impugned order of detention, which is not permissible in law. It has been contended that most of the documents, which were forwarded to the petitioner, were not legible as a result of which he could not make an effective representation against the impugned order of detention. It has been further contended that the respondents have not adhered to the statutory and constitutional imperatives while executing the warrant of detention against the petitioner.