LAWS(J&K)-2018-10-152

ASHIQ HUSSAIN GANIE Vs. STATE OF J&K

Decided On October 31, 2018
Ashiq Hussain Ganie Appellant
V/S
STATE OF JANDK Respondents

JUDGEMENT

(1.) By virtue of order bearing No.35/DMA/PSA/DET/2018 dated 23.07.2018, passed by respondent No.2-District Magistrate, Anantnag, in exercise of powers under Section 8 of the J &K Public Safety Act, 1978, Ashiq Hussain Ganie, has been taken into preventive custody and lodged in District Jail, Kathua.

(2.) The petitioner's case, as set out in the petition, is that the detenue was arrested on 28.06.2018 and was booked in case FIR No.78/2018 under Section 147, 148, 149, 427, 307, 331, 336 RPC and there after detention order impugned was slapped upon him. The allegations/grounds of detention are stated to be vague and mere assertions. The detenue had applied for bail which was granted on 23.07.2018. The bail application was contested by the respondents but the said fact has not been made mention of in the grounds of detention. 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, 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. The grounds taken by the petitioner are legally misconceived, factually untenable and without any merit. The learned counsel for the respondents has made available detention records to lend support to the case set up in the counter affidavit.