WAQAR AHMAD MOHARKHAN Vs. STATE OF J&K

JUDGEMENT

(1.) By virtue of order bearing No.DMS/PSA/20/2018 dtd. 5/9/2018, passed by respondent No.2-District Magistrate, Srinagar, in exercise of powers under Sec. 8 of the J&K Public Safety Act, 1978, Shri Waqar Ahmad Moharkhan son Khursheed Ahmad Moharkhan resident of Baghwanpora Amdakadal Lal Bazar, Srinagar, has been taken into preventive custody and lodged in Kote-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 12/8/2018 was arrested by the security forces and thereafter was booked in connection with case FIR No.22/2018 registered by Police Station, Nowhatta The detenue applied for bail which was granted by the Court of Additional Sessions Judge, Srinagar but was not released and instead was shifted to Central Jail, Kotebhalwal pursuant to impugned order. The fact regarding grant of bail has not been made mention of in the grounds of detention. 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, despite various opportunities, did not chose to file the counter affidavit. However, learned Dy. AG has made available the detention records.