MOHAMMAD RAMZAN SHEIKH Vs. STATE OF J.K.

JUDGEMENT

(1.) By the dint of order bearing No.48/DMK/PSA/2017 dated 20th of May, 2017, passed by the Respondent No.2/District Magistrate Kulgam, in exercise of powers conferred in him under Clause (a) of Section (8) of the Jammu and Kashmir Public Safety Act, 1978 (for short " The Act of 1978"), one Mohd Ramzan Sheikh S/o Mohd Shaban Sheikh R/o Rampora, District Kulgam, has been detained and lodged in Central Jail, Kotbhalwal, Jammu.

(2.) The detenue has challenged the said order of detention, chiefly, on the grounds that the detaining authority has failed to apply his mind to the fact whether the preventive detention of the detenue was imperative notwithstanding his custody in a substantive offence. The detenue had not filed any bail application in the FIR number referred to in the grounds of his detention nor were there any prospects of his release from the custody in the said FIR. 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.) Despite availing umpteen opportunities, the respondents have failed to file the counter affidavit.