MOHD ASHRAF AKHOON Vs. STATE

JUDGEMENT

(1.) IN terms of order No. DET/PSA/08/575 of 2008 dated 27.11.2008, respondent No.2 has ordered detention of petitioner (detenu) under the Provisions of Jammu and Kashmir Public Safety Act 1978. This order is called in question in this petition.

(2.) THE grounds of challenge inter alia are that the detention order is violative of Article 22(5) read with Article 21 of the Constitution of India and as also the procedural safeguards prescribed by J&K P.S.Act 1978. The grounds of detention are vague, non -existent and irrelevant. The detenu was already in custody under the substantive law when his preventive detention was ordered and the detenu having not applied for bail before any court for his release in the FIR No. 51/2008; the detaining authority has not delineated the compelling reasons to order detention of the detenu. The grounds of detention besides other material referred to therein has not been made available to the detenu.

(3.) RESPONDENT No.2 has filed his counter affidavit wherein it is stated that none of the constitutional fundamental or statutory rights of the detenu is violated or infringed by passing the detention order. In fact it was passed to prevent the detenu to indulge in activities which are prejudicial to the security of the State.