Decided on September 03,2020

Union Territory Of JAndK Respondents


- (1.)The District Magistrate, Pulwama vide his order No. 53/DMP/PSA/19 dated 08.08.2019 detained Fayaz Ahmad Mir S/o Ab. Rashid Mir R/o Pahoo, District Pulwama under section 8(a) of the Jammu and Kashmir Public Safety Act, 1978 with a view to prevent him from acting in any manner prejudicial to the Security of the State. This order of detention is assailed by the detenu through his father.
(2.)The detenu has challenged the order of detention on the ground that:
(i) the grounds mentioned in the detention order have no nexus with the detenu and were fabricated to illegally detain the detenu.

(ii) the allegations made in the grounds of detention are vague and non-existent and no prudent man can make a representation against the same.

(iii) the detenu was at large and there was no fresh activities attributed to him after 2016, as such, there was nonapplication of mind by the Detaining Authority to warrant his detention.

(iv) there was unexplained delay between the alleged activities and the date of passing of order of detention which renders the detention order unjustified and illegal.

(v) the order of detention had been passed on the twin activities viz. 'Maintenance of Public Order' as well as 'Security of State' which reflects total non-application of mind by the Detaining Authority and, as such, the detention order is bad in the eyes of law and requires to be quashed.

(vi) the Detaining Authority had not prepared the grounds of detention itself which is a pre-requisite for passing any order of detention but had only relied on the police dossier, as such, there was total non-application of mind, while passing the order of detention and the same has vitiated.

(vii) the detenu had not been furnished all the relevant material like copy of the dossier and other connected material relied upon by the Detaining Authority, while passing the order of detention and the same had prevented the detenu from making an effective representation.

(viii) the grounds of detention order and other material were not explained to the detenu in the language which he understands thereby prevented him for making an effective representation.

(3.)Mr. Mir Suhail, learned AAG has produced the record as well as filed counter affidavit. According to him, the detenu was detained validly and legally by virtue of the detention order dated 08.08.2019 and all the statutory requirements and constitutional guarantees were fulfilled and complied with by the Detaining Authority, while passing the order of detention. The grounds of detention as well all the other material relied upon by the Detaining Authority had been furnished to the detenu within the statutory period. The contents of the grounds of detention and warrant were read over and explained to the detenu in the language he fully understands and he had subscribed his signatures to the execution report also.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.