MOHAMMAD IQBAL WANI Vs. STATE OF J&K

JUDGEMENT

(1.) By virtue of order bearing No.61/DMP/PSA/2018 dtd. 22/10/2018, passed by respondent No.2-District Magistrate, Pulwama, in exercise of powers under clause (a) of Sec. 8 of the J & K Public Safety Act, 1978, Mohammad Iqbal Wani son Wali Mohammad Wani resident of Chewa Kalan Tehsil Pulwama, has been taken into preventive custody and lodged in Kot Bhalwal Jail, Jammu. Veracity of the said order is assailed in the instant petition on the grounds detailed out therein.

(2.) The petitioner's case, as set out in the petition, is that the detenue, on 21/9/2018 and thereafter impugned detention order was slapped upon him. The allegations/grounds of detention are stated to be vague and mere assertions. 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.