ASIF AHMAD MALIK Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-12-7
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 17,2020

Asif Ahmad Malik Appellant
VERSUS
Union Territory Of JAndK Respondents




JUDGEMENT

RAJNESH OSWAL,J. - (1.)Through the medium of this petition, the petitioner has questioned the order of detention bearing No. 46/DMK/PSA/2019 dated 10.08.2019 issued by the respondent No. 2 by virtue of which the petitioner has been ordered to be detained under the Jammu and Kashmir Public Safety Act, 1978 (for short the Act). The petitioner has assailed the detention order on the following grounds:
i) the detaining authority has passed the order of detention without subjective satisfaction and without valid reasons.

ii) the order of detention is replica of dossier sent by the Senior Superintendent of Police.

iii) the petitioner has been unable to understand English and the detaining authority has not furnished the translated version.

iv) the grounds of detention are vague, stale and also that the detaining authority has not supplied the material that has been relied upon by the detaining authority while passing the detention order, such as, statement under section 161 Cr.P.C, details of FIRs and other related documents to him to make an effective representation.

(2.)The respondents have filed the counter affidavit thereby denying all the grounds taken by the respondents and have also produced the detention record.
(3.)Mr. Sajad A. Geelani, learned counsel for the petitioner has vehemently argued that the procedural requirements and the safeguards guaranteed under the Constitution of India as well as under the Act, to the petitioner have been flagrantly violated by the respondents, as such the preventive detention of the petitioner is bad.
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