FEROZ AHMAD NAIKOO Vs. STATE OF J&K

JUDGEMENT

(1.) By the instant petition, petitioner seek quashment of the detention order bearing No.08-DMK/PSA of 2018 dtd. 6/9/2018, issued by District Magistrate, Kupwara (for brevity "the detaining authority"). In terms of said order, Feroz Ahmad Naikoo son of Gh. Mohammad Naikoo resident of Safalpora Tehsil Kralgund Qaziabad District Kupwara (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 petitioner's case, as set out in the petition, is that the detenue has been implicated in FIR No.325/2018 but despite that detention order impugned has been slapped against him. The respondents are stated to 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, baseless, 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. The grounds taken by the petitioner are legally misconceived, factually untenable and without any merit. The learned counsel for the respondents has made available detention records to lend support to the case set up in the counter affidavit.