NASIR AHMAD MIR Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-9-40
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 22,2020

Nasir Ahmad Mir Appellant
VERSUS
Union Territory Of JAndK Respondents




JUDGEMENT

Sanjay Dhar, J. - (1.)Challenge in this petition is thrown to the order No.DMS/PSA/144 dated 30.11.2019, issued by District Magistrate, Srinagar (for brevity "Detaining Authority") whereby Shri Nasir Ahmad Mir son of Abdul Rashid Mir resident of Malik Mohalla Habbak Chanpora District Srinagar (for short "detenu") has been placed under preventive detention directing his lodgement in Central Jail, Srinagar.
(2.)Petitioner has contended that the Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the grounds of detention are mere reproduction of the dossier. It has been further contended that the Constitutional and Statutory procedural safeguards have not been complied with in the instant case. It has been further urged that the allegations made against the detenue in the grounds of detention are vague and that the translated version of the documents/grounds of detention has not been provided to the detenue who is a semi literate persons. It has also been contended that the petitioner has not been informed as to before which authority he had to make a representation.
(3.)The respondents, in their counter affidavit, have disputed the averments made in the petition and stated that they have followed the provisions of J&K Public Safety Act. It is contended that the detenue has been detained only after following due procedure; that the grounds of detention were read over to the detenue; that there has been proper application of mind for detaining the detenue and that the detenue has been provided all the material. The learned counsel for the respondents also produced the detention records to lend support to the stand taken in the counter affidavit.
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