SURINDER SINGH Vs. UNION TERRITORY OF JAMMU AND KASHMIR
LAWS(J&K)-2020-8-15
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 11,2020

SURINDER SINGH Appellant
VERSUS
Union Territory Of Jammu And Kashmir Respondents


Referred Judgements :-

RAJESH VASHDEV ADVANI V. ST OF MAHARASHTRA [REFERRED TO]
JAI SINGH VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]


JUDGEMENT

Puneet Gupta - (1.)The petitioner has challenged Order No. 02/DMU/JC/PSA-2019 dated 06.09.2019, passed by the respondent No.2, whereby the petitioner has been detained under Section 8 of the J&K Public Safety Act, 1978 (hereinafter called the Act), on the ground that the petitioner has not been explained the grounds of detention while passing the order thereby he was not in a position to make proper representation to the Government; that the petitioner has been implicated falsely in FIRs in order to harass him; that the petitioner has been either acquitted or is on bail in the FIRs of which the mentioned is made in the detention order; that the respondent No.2 has not applied mind properly as the police dossier has been reproduced only while passing the impugned order and that the order impugned has been passed on non-existent grounds and upon ulterior motives. The notice was issued to the respondents. The counter affidavit has been filed on behalf of the respondent No.3, therefore, the petitioner is disposed of while admitting the same.
(2.)In the counter affidavit filed it is submitted that the order impugned is valid in law. The petitioner is a history-sheeter and has become threat to the maintenance of public order which prompted the respondent to pass the order of detention against the petitioner. The provisions of the Act have been followed in the present case. The petitioner was informed of his valuable right to make representation against the detention order. The prayer is for dismissal of the petition.
(3.)Heard learned counsel for the parties and perused the record. The learned Additional Advocate General has also furnished the relevant record of the case.
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