ASSADULLAH SHEIKH Vs. STATE OF J&K AND ANR

JUDGEMENT

(1.) By the instant petition, petitioner has sought quashment of the order of detention bearing No.15/DMK/PSA/2018 dated 12.09.2018, passed by District Magistrate, Kulgam-respondent No.2 herein, by invoking powers under clause (a) of Section 8 of the J&K Public Safety Act. In terms of said order, the person of Assadullah Sheikh (hereinafter referred to as the detenue), has been taken into preventive detention.

(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. 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 respondent No.2 to scan and evaluate it before passing the order of detention.

(3.) Counter has 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 law. The detenue has failed to avail the remedy prescribed under the Act. He has not filed the representation against the orders of detention. The detenue is involved in number of criminal cases. Order of detention has been passed on justifiable grounds.