GHULAM MOHI Vs. STATE OF JK AND OTHERS

JUDGEMENT

(1.) By the dint of order bearing No. 23/DMB/PSA of 2017-18 dated 10th of February, 2018, passed by the Respondent No.2/District Magistrate, Bandipora, in exercise of the powers conferred in him under clause (a) of Section 8 of the J & K Public Safety Act, 1978 (for short "The Act of 1978"), one Gh. Mohi-uddin Khan S/o Late Nazir Ahmad Khan R/o Paribal (Rakhi Hajin), Tehsil Hajin, District Bandipora, has been detained and lodged in Kot Bhalwal Jail, Jammu.

(2.) The detenue has challenged the said order of detention, chiefly, on the grounds that the detaining authority did not inform him that he has the right to make a representation before him against the order of detention. To this, it has been added that the detaining authority has failed to apply its mind to the fact whether the preventive detention of the detenue was imperative notwithstanding his custody in a substantive offence. The detenue was already admitted to bail in the FIR number referred to in the grounds of his detention. It has also been stated that the Respondent No. 2 has passed the order of detention on the dictates of the sponsoring agency, i.e. the Officer who has prepared the police dossier and no attempt has been made by the Respondent No.2 to scan and evaluate it before passing the order of detention.

(3.) Counter has been filed by the Respondents, wherein it is stated that the detaining authority has complied with the requirement of Clause 5 of Article 22 read with Article 21 of the Constitution of India. The detenue has failed to avail the remedy prescribed under the Act. He has not filed the representation against the order of detention. It has also been stated that the detenue is involved in FIR No. 41/2017, registered in Police Station, Hajin, for the commission of offences punishable under Sections 307, 147, 148, 149, 336, 353, 332 RPC. In the end, it has been urged that since the order of detention has been passed on justifiable grounds, therefore, the instant Habeas Corpus petition merits dismissal, and it may, accordingly, be dismissed.