AIJAZ AHMAD KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) Challenge in this petition is to order No.DMS/PSA/28/2018 dtd. 20/9/2018, passed by District Magistrate, Srinagar-respondent No.2 herein, whereby Shri Aijaz Ahmad Khan son of Sonaullah Khan resident of Hyhama Kupwara (hereinafter referred as the detenue), in exercise of powers conferred under Sec. 8 of the J&K Public Safety act, has been ordered to be taken into preventive custody.

(2.) The petitioner's case, as set out in the petition, is that the detenue, was arrested by the Police Personnel of Police Station, Pantha Chowk, Srinagar, on 27/9/2018 and thereafter was taken to Jammu where he was lodged in Central Jail, Kotebalwal on 28/9/2018 under J&K Public Safety Act in terms of impugned detention order. The respondents are stated to have violated the procedural safeguards as provided under Article 22(5) of the Constitution of India and 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, 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.