IRSHAD AHMAD SHAH Vs. STATE OF J&K

JUDGEMENT

(1.) By the instant petition, petitioner has sought quashment of the order of detention bearing No.09/DMK/PSA of 2018 dtd. 6/9/2018, passed by District Magistrate, Kupwara-respondent No.2 herein. In terms of said order, Irshad Ahmad Shah (hereinafter referred to as the detenue), has been taken into preventive custody by invoking powers under Sec. 8 of the J&K Public Safety Act, 1978.

(2.) The detention order has been challenged, mainly, on the grounds that the detaining authority has failed to apply its mind to the fact whether the preventive detention of the detenue was imperative notwithstanding the fact that he was already in custody.

(3.) Respondents, on notice, appeared and filed counter affidavit wherein they justified passing of impugned detention order. Learned AAG also produced the detention record so as to lend support to the stand taken in the counter affidavit.