ABDUL HAMID MIR Vs. STATE OF J&K

JUDGEMENT

(1.) By the instant petition, petitioner has sought quashment of the order of detention bearing No.17/DMB/PSA/2018 dtd. 23/7/2018. In terms of said order, Abdul Hamid Mir (hereinafter referred to as the detenue), has been taken into preventive custody by invoking powers under Clause (a) of Sec. 8 of the J&K Public Safety Act and so has been lodged in District Jail, Kathua.

(2.) The petitioner's case, as set out in the petition, is that initially in terms of OrderNo.64/DMB/PSA/2017 dtd. 11/7/2017, the detenue was taken into preventive custody. The said order was challenged before this Court in HCP No.282/2017 which was allowed vide judgment dated of March, 2018 directing the release of the detenue. The detenue was not released and again has been ordered to be taken in preventive custody pursuant to impugned order dtd. 23/7/2018. 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 security of the State. 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.