MOHAMMAD MAQBOOL WANI Vs. STATE

JUDGEMENT

(1.) Impugned in this Heabus Corpus petition with a prayer for quashment thereof is the detention order no. 12/DMP/PSA/18 dtd. 21/7/2018, purporting to have been passed by District Magistrate Pulwama, whereunder detenu namely Mohammad Maqbool Wani s/o Ghulam Qadir Wani R/o Ladhoo Batpora Tehsil Pampore, District Pulwama, is under detention.

(2.) Learned counsel for the petitioner has chosen to press the only ground for seeking quashment of the detention order though having taken many which has reference to the Detaining Authority not mentioning in the order that the detenu can make a representation to the Detaining Authority which as per the learned counsel constitute an infraction of valuable constitutional right guaranteed under Article 22(5) of the Constitution of India as also of the right under sec. 13 of the Jammu and Kashmir Public Safety Act, 1978.

(3.) In his counter affidavit, respondent no.2 has stated that the detenu's activities being highly prejudicial to maintenance of security of the State, his detention was necessary to prevent him from indulging in such acts, which was also approved by the Government and the State Advisory Board constituted u/s 14 of P.S. Act. During course of his submissions the respondents counsel besides reiterating the contents of counter affidavit has contended that in circumstances of the case the impugned detention is well founded in fact and law. But despite the directions, detention record not produced.