IMTIYAZ AHMAD DAR Vs. STATE OF J&K

JUDGEMENT

(1.) Pursuant to order bearing No.133/DMS/PSA/2018 dtd. 6/9/2018, passed by respondent No.2-District Magistrate, Shopian, in exercise of powers conferred in him under clause (a) of Sec. 8 of the J&K Public Safety Act, 1978, Imtiyaz Ahmad Dar son of Ab. Aziz Dar resident of Abdul Khaliq Dar resident of Pahnoo Shopian (hereinafter referred to as the detenue), has been taken into preventive custody. Validity of the said order is assailed through the medium of instant petition on the grounds enumerated therein.

(2.) The detention order has been challenged, mainly, on the ground that the detaining authority has failed to apply its mind to the fact whether the preventive detention of the detenue was imperative notwithstanding his involvement in various criminal cases. To this, it has been added 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.) Counter has been filed by the respondents wherein it is stated that the grounds of detention have been furnished to the detenue. The detaining authority has complied with the requirements of Clause 5 of Article 22 read with Article 21 of the Constitution of India. In the end it has been urged that since the detention order has been passed on justifiable grounds, therefore, the instant petition may be dismissed.