SAMIULLAH SHEIKH Vs. STATE OF J&K AND ORS

JUDGEMENT

(1.) Challenge in this petition is to order No.45/DMB/PSA/2018 dated 06.07.2018, passed by District Magistrate, Baramulla-respondent No.2 herein, whereby Sami-ullah Sheikh (hereinafter referred to as the detenue), has been taken into preventive custody and lodged in Central Jail, Kotebhulwal.

(2.) The petitioner's case, as set out in the petition, is that the respondents while passing the impugned detention order have violated the procedural safeguards provided under the Constitution and J&K Public Safety Act, they have 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 and further the impugned order suffers from non-application of mind.

(3.) The respondents, on notice, appeared and filed counter affidavit wherein they resisted the petition.