HASEEB NABI KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) Challenge in this petition is to order No.125/DMB/PSA/2017 dated 18.10.2017, passed by District Magistrate, Baramulla-respondent No.2 herein, whereby Haseeb Nabi Khan (hereinafter referred to as the detenue), has been taken into preventive custody and lodged in Central Jail, Kotebhulwal. By now detenue is in preventive custody for last more than four months.

(2.) The petitioner's case, as set out in the petition, is that the respondents while passing the impugned detention order ignored to provide material relied upon and thus deprived the detenue of his Constitutional and Statutory rights. Grounds of detention are stated to be vague, baseless, non- existent and unfounded.

(3.) The respondents, in their counter affidavit, have disputed the averments made in the petition and insisted that the activities of detenue are highly prejudicial to the maintenance of public order. It is pleaded that the detention order and grounds of detention were handed over to the detenue and same were read over and explained to him.