ASIF AHMAD BHAT Vs. STATE

JUDGEMENT

(1.) Impugned in this Heabus Corpus petition with a prayer for quashment thereof is the detention order no. 10/DMK/PSA/2019 dated 28.02.2019, purporting to have been passed by District Magistrate Kulgam, whereunder detenu namely Asif Ahmad Bhat s/o Mohammad Amin Bhat R/o Tungdanoo, Yaripora District Kulgam, is under detention.

(2.) It is submitted that the detenu is implicated in a false and fictitious FIR. The allegations leveled against the detenu in the grounds of detention are vehemently denied to be correct, as the same are baseless. Therefore, the detention order deserves to be quashed.

(3.) Learned counsel for the petitioner-detenu 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 section 13 of the Jammu and Kashmir Public Safety Act, 1978.