ASHAQ HUSSAIN MALIK Vs. STATE OF J&K

JUDGEMENT

(1.) Detenu - Ashiq Hussain Malik son of Mohammad Shafi Malik resident of Arwani Tehsil Bijbehara District Anantnag, through his father, by the instant petition, seeks quashment of detention order No.73/DMA/PSA/DET/2018 dated 16.01.2019, passed by District Magistrate, Anantnag, (for brevity "Detaining Authority") in exercise of powers conferred under Section 8 of the J&K Public Safety act, 1978.

(2.) The detention order, through the medium of petition on hand, has been challenged on the grounds that during the intervening night of 6th and 7th of December, 2018, the detenue was arrested in connection with case FIR No.168/2018 registered at Police Station, Bijbehara, under Section 13 ULA(P) Act and while in custody he has been taken into preventive custody pursuant to 2019.04.23 09:49 I attest to the accuracy and integrity of this document impugned detention order. 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. They have stated that the provisions of the Public Safety Act have been followed and the detenue has been detained only after following due procedure prescribed in terms of Public Safety Act. The grounds of detention were explained to the detenue in the Urdu and Kashmiri language. There has been proper application of mind for detaining the detenue. The detenue has been provided all the material which was considered by the detaining authority while passing the impugned order. In the ends, it has been prayed that the petition may be dismissed with costs. Learned counsel for the respondents has produced the detenue record so as to lend support to the stand taken in the counter affidavit.