BILAL AHMAD HASTIWAL Vs. STATE OF J&K

JUDGEMENT

(1.) Challenge in this petition is to order No.06-DMG-PSA-2018 dated 09.07.2018, passed by District Magistrate, Ganderbal-respondent No.2 herein, in terms whereof, Bilal Ahmad Hastiwal (hereinafter referred to as the detenue), has been ordered to be taken into preventive custody and lodged in Central Jail, Kotbhalwal.

(2.) The petitioner's case, as set out in the petition, is that the detenue was arrested on 19.06.2018 and falsely booked in FIR No.20/2018 of P/S Safapora for commission of offence punishable under Sections 307 RPC, ? Exp. Sub. Act, 16, 18 and 20 ULA(P) Act. While in custody, impugned detention order has been slapped against him. The respondents are stated to have ignored to provide material relied upon by the detaining authority while passing the impugned order of detention and thus deprived the detenue of his Constitutional and Statutory rights. Grounds of detention are stated to be vague, 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.