Decided on December 30,2020

Asif Rashid Mir Appellant
STATE OF JANDK Respondents


RAJNESH OSWAL - (1.)Through the medium of this petition, the petitioner has questioned the order of detention bearing No. 12/DBM/PSA/2019 dated 04.07.2019 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 said detention order on the grounds numerated below:-
i) That the Detaining Authority has not followed the constitutional and statutory procedural safeguards as provided under the Article 22(5) of Constitution of India as well as section 13 of the Public Safety Act.

ii) That the Detaining Authority has not furnished the material relied upon by the Detaining Authority and that has deprived the petitioner of his right to make an effective and purposeful representation to the Government against the order of detention.

iii) That the Detaining Authority has merely acted as a rubber stamp on the report of respondent No. 3, Senior Superintendent of Police, Sopore and there is no subjective satisfaction recorded by the Detaining Authority.

iv) That the order of detention has been passed on the irrelevant, vague and non-existent grounds.

v) That the detention order has neither been approved within the statutory period nor any reference has been made to the Advisory Board.

vi) That the allegations leveled against the petitioner are purely criminal in nature and the respondent No. 2 has failed to demonstrate as to how the ordinary law of the land is not sufficient to deal and deter the petitioner from indulging in activities those are criminal in nature.

(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.)Learned counsel for the petitioner has reiterated the grounds those have been narrated in the petition. He has relied upon the judgment of the Supreme Court in case V. Shantha v. State of Telangana, (2017) 14 SCC 577.

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