ABDUL MAJEED MIR Vs. STATE OF J&K

JUDGEMENT

(1.) Challenge in this petition is to the order No.03/DMB/PSA/2018 dtd. 12/4/2018, passed by District Magistrate, Baramulla-respondent No.2 herein in exercise of vested in him under Sec. 8 of the J&K Public Safety Act, whereby Shri Abdul Majeed Mir (hereinafter referred to as the detenue), has been taken into preventive custody so as to prevent him from acting in any manner prejudicial to the maintenance of security of the State.

(2.) The petitioner's case, as set out in the petition, is that the detenue was arrested on 29/3/2018 and falsely booked in FIR No.76/2018 of P/S Pattan for commission of offence punishable under Sec. 7/25 Arms Act. While in custody, impugned detention order has been slapped against him. 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, 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.