JAN MOHD. Vs. UNION TERRITORY OF J&K
LAWS(J&K)-2020-11-52
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 18,2020

Jan Mohd. Appellant
VERSUS
Union Territory Of JAndK Respondents


Referred Judgements :-

SURYA PRAKASH SHARMA V. STATE OF U. P [REFERRED TO]
CHAJU RAM VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
POWANAMMAL VS. STATE OF TAMIL NADU [REFERRED TO]
T P MOIDEEN KOYA VS. GOVERMENT OF KERALA [REFERRED TO]


JUDGEMENT

SANJAY DHAR - (1.)Challenge in this petition is thrown to the order No.09 Of 2020 dated 09-07-2020, issued by District Magistrate, Jammu (for brevity "Detaining Authority") whereby Jan Mohd. son of Shah Mohd. Gujjar resident of R. S. Pura A/P Asrarabad, Sidhra Jammu (for short "detenu") has been placed under preventive detention.
(2.)The detenu 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 also been urged that the translated version of the material which formed basis of the grounds of detention and the consequent order of detention has not been provided to the detenu.
(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 detenu has been detained only after following due procedure; that the grounds of detention were read over to the detenu; that there has been proper application of mind on the part of the Detaining Authority while passing the impugned order and that the detenu 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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