UMAR JAN DAR Vs. STATE OF J&K

JUDGEMENT

(1.) Pursuant to order bearing No.24/DMP/PSA/18 dtd. 4/9/2018, passed by respondent No.2-District Magistrate, Pulwama, in exercise of powers conferred in him under clause (a) of Sec. 8 of the J&K Public Safety Act, 1978, Shri Umar Jan Dar son of Ab. Aziz Dar resident of Tahab District Pulwama (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 custody in substantive offence. 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. The detenue has failed to avail the remedy prescribed under the act. He has not filed the representation against the order of detention. It has also ben stated that the detenue is involved in case FIR No.425/2016 and FIR No.228/2018, registered in Police Station, Pulwama, 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.